Gillespie v. Rosekrants
New York Supreme Court
APPEAL from a judgment of the Ulster county court. The action was brought before a justice of the peace. The plaintiff claimed to recover upon a promissory note for $31.52, dated July 1, 1845, made by the defendant and payable to the plaintiff, on demand. The action was commenced on the 23d of July, 1851. The defendant, by his answer, insisted that the note was barred by the statute of limitations.
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APPEAL from a judgment of the Ulster county court. The action was brought before a justice of the peace. The plaintiff claimed to recover upon a promissory note for $31.52, dated July 1, 1845, made by the defendant and payable to the plaintiff, on demand. The action was commenced on the 23d of July, 1851. The defendant, by his answer, insisted that the note was barred by the statute of limitations. Upon the trial, the plaintiff proved that, on the 13th of June, 1851, an agent who held the note for collection, called on the defendant to obtain payment, or a new note, and that the defendant…
1Opinion of the Court
By the Court, Harris J.
The plaintiff’s cause of action was undoubtedly barred unless the promise made by the defendant on the 13th of June, was sufficient to take it out of the statute. It is not denied that such would be the effect of that promise, were it not for the 110th section of the code, which requires that a promise, to take a case out of the operation of the statute of limitations, must be “ contained in some writing signed by the party to be charged thereby.” The court below held that this provision of the code was applicable to the case, and, upon that ground, reversed the…
2Cases cited1 opinion
- Wadsworth v. ThomasNew York Supreme Court · 1849
3Cited by3 opinions
- Williams v. Tri-County Growers, Inc.Court of Appeals for the Third Circuit · 1984
- Van Alen v. FeltzNew York Supreme Court · 1859
- Coe v. MasonNew York Supreme Court · 1864