Esselstyn v. . Weeks
New York Court of Appeals
Appeal from a judgment of the New York Common Pleas. This was an action upon a promissory note for $125.63 made by the defendant, and payable on demand to the plaintiff or bearer. The note was dated June 29, 1841. The action was not commenced until April 30, 1851. The complaint averred the making of the note, setting out a copy of it, and its non-payment.
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Appeal from a judgment of the New York Common Pleas. This was an action upon a promissory note for $125.63 made by the defendant, and payable on demand to the plaintiff or bearer. The note was dated June 29, 1841. The action was not commenced until April 30, 1851. The complaint averred the making of the note, setting out a copy of it, and its non-payment. The defendant answered, pleading the Statute of Limitations, and averring payment of the note in 1841. The plaintiff replied, averring that the cause of action accrued within six years, and denying the payment alleged in the answer.* On the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Two questions are presented in this case: 1. Whether the pleadings will admit the evidence offered, if competent to charge the defendant; and 2. Whether the Code of 1848, which requires a written promise, applies to the case.
As to the first question, the pleadings, according to the former practice, would authorize the admission of the proposed evidence. (14 Johns. R., 178; 9 Wend., 306.) The rule was established in conformity with the earlier English decisions,…
2Cases cited2 opinions
- Wadsworth v. ThomasNew York Supreme Court · 1849
- Livingston v. OstranderNew York Supreme Court · 1832
3Cited by8 opinions
- In re BanksDistrict Court, N.D. New York · 1913
- Gruenberg v. TreanorAppellate Terms of the Supreme Court of New York · 1903
- Baldwin v. MartinThe Superior Court of New York City · 1872
- Hopkins v. WardNew York Supreme Court · 1876
- Taylor v. SlaterSupreme Court of Rhode Island · 1888
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