Van Keuren v. . Parmelee
New York Court of Appeals
James M. Van Keuren brought assumpsit in the supreme court against Richard W. Parmelee, William H. Calkins, and John Van Keuren. The defendants, Parmelee and Calkins, pleaded the general issue, and the statute of limitations.
Read the full summary
James M. Van Keuren brought assumpsit in the supreme court against Richard W. Parmelee, William H. Calkins, and John Van Keuren. The defendants, Parmelee and Calkins, pleaded the general issue, and the statute of limitations. On the trial, before Barculo, J. at the Dutchess circuit in Octoher, 1848, the jury found a special verdict, stating that the defendants, while partners in trade under the name and style of Parmelee, Van Keuren & Co., on the 1st of May, 1831, gave their note to the plaintiff for five hundred and thirty dollars, payable on demand; that the consideration of the note was…
1Opinion of the CourtBkonson, J.
The question is on the statute of limitations; and the case is shortly this : The plaintiff sues on a note made by three partners, on the first day of May, 1831, and payable immediately. The partnership was dissolved in the spring of 1832; the suit was commenced in July, 1847, more than sixteen years after the cause of action had accrued; and the jury find a promise by “ John Van Keuren, one of the defendants,” within six years before action brought: but they find no promise by either of the other defendants. The new promise by John Van Keuren was made more than nine years after the…
2Cases cited13 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Walden v. SherburneNew York Supreme Court · 1818
- Sands v. GelstonNew York Supreme Court · 1818
- Dean v. HewitNew York Supreme Court · 1830
- Hackley v. PatrickNew York Supreme Court · 1808
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- Murdock v. . WatermanNew York Court of Appeals · 1895
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Steele v. SouderSupreme Court of Kansas · 1878
- Stubblefield v. McAuliffWashington Supreme Court · 1898
32 more not listed; retrieve them via the Exa API.