Defreest v. . Warner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered in favor of plaintiff upon an order made May 1, 1883, which denied a motion for a new trial and directed judgment on a verdict. (Reported below, 30 Hun, 94.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered in favor of plaintiff upon an order made May 1, 1883, which denied a motion for a new trial and directed judgment on a verdict. (Reported below, 30 Hun, 94.) The nature of the action and the material facts are stated in the opinion. The deed of Michael Warner to his sons of the 2d of April, 1875, was not such an acknowledgment of the debt as would raise a new promise to the creditor to pay him, and thus save the barring of the debt. (Bloodgood v. Bruen, 4 Seld. 262; Pickett v. King, 34 N.…
1Opinion of the CourtEarl, J.
This action was commenced in April, 1882, to recover on four promissory notes made by Michael Warner, the intestate, dated in 1871, 1872 and 1873, the last of which fell due in April, 1874. The defendants interposed as a defense the statute of limitations. To meet that defense the plaintiff introduced in evidence a deed of a farm dated April 2, 1875, executed by Michael Warner to his three sons, which deed contained the following clause : “ The aforesaid piece and parcel of land is this day sold and conveyed by the said Michael Warner to the said Samuel S. Warner, Michael H. Warner and Albert…
2Cases cited4 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Bryar v. WillcocksNew York Supreme Court · 1824
- Fletcher v. UpdikeNew York Supreme Court · 1875
- Avery's CaseNew York City Court · 1858
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- Senninger v. RowleySupreme Court of Iowa · 1908
- In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
- Faulkner v. Arista Records LLCDistrict Court, S.D. New York · 2011
- Corkings v. . the StateNew York Court of Appeals · 1885
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