Sands v. Gelston
New York Supreme Court
THIS was an action of assumpsit. The defendant pleaded non assumpsit, and actio non accrevit infra sex annos. The plaintiff replied, that the action did accrue within six years. The cause was tried before Mr. J. Spencer, at the New-York sittings, in April, 1817. The plaintiff was formerly collector of the customs, of the port of New- York, was removed in July, 1801, and was succeeded by the defendant.
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THIS was an action of assumpsit. The defendant pleaded non assumpsit, and actio non accrevit infra sex annos. The plaintiff replied, that the action did accrue within six years. The cause was tried before Mr. J. Spencer, at the New-York sittings, in April, 1817. The plaintiff was formerly collector of the customs, of the port of New- York, was removed in July, 1801, and was succeeded by the defendant. The plaintiff had, previously to his removal from office, caused two vessels, the ship Huron, and the schooner Two Friends, to be seised for a violation of the registry act of the United States…
1Opinion of the CourtSpencer, J.
Being of the opinion that the plaintiff has failed in maintaining the issue, that the defendant has assumed and promised to pay any part of the demand, within six years, it is unnecessary to consider, whether the plaintiff once had a legal demand or not. To take this case out of the statute, the plaintiff relies on the defendant’s letters, written in answer to letters from him, and on the admissions made to Mr. Stevens. The defendant admits the receipt of the collector’s portion of the forfeitures arising from the condemnation and sale of the Two Friends and the Huron, vessels seized and…
2Cited by42 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Martin v. BroachSupreme Court of Georgia · 1849
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Henry v. . RootNew York Court of Appeals · 1865
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
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