Heaton v. Leonard
New York Supreme Court
Appeal from special term, Clinton county. Action by Rufus Heaton against Theodore M. Leonard. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPutnam, J.
This action was brought in justice’s court on an alleged account amounting to $29.14. The defense asserted by defendant was a general denial, and the statute of limitations. During the trial plaintiff withdrew one item of $5. The account accrued over six years before the commencement of the action, but within six years defendant offered plaintiff a check for $24.14, signed by him, in settlement of the claim; and, although plaintiff refused to receive it, he claims it was a sufficient acknowledgment in writing to take the case out of the statute of limitations. The testimony in the case was…
2Cases cited4 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Sands v. GelstonNew York Supreme Court · 1818
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Creuse v. DefiganiereThe Superior Court of New York City · 1863
3Cited by2 opinions
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Nagle v. HeroldDistrict Court, W.D. New York · 1939