Howell v. Babcock's
New York Supreme Court
Demurrer to replication. The plaintiffs declared in assumpsit for that the testator was indebted to them for work, labor and services bestowed by them as attorneys and counsellors in and about his business. The defendant pleaded actio non acerevit infra, &c.
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Demurrer to replication. The plaintiffs declared in assumpsit for that the testator was indebted to them for work, labor and services bestowed by them as attorneys and counsellors in and about his business. The defendant pleaded actio non acerevit infra, &c. The plaintiffs replied that the causes of action in the declaration mentioned accrued to them within six years next before the death of the testator, and that the action was commenced within eighteen months next after his death, concluding with a verification and prayer of judgment. The defendant demurred, assigning as special causes of…
1Opinion of the Court
By the Court,
Cowen, J.
This demurrer raises the question on the form of pleading and replying to a plea of the statute of limitations, where the party indebted dies within six years after the cause of action against him accrues, and the action is brought within eighteen months after his death. The 2 R. S. 224, 2d. ed., § 18, adopts the old law, and requires the ordinary plea in all eases. But id. 365, § 8, provides that the term of eighteen months after the death of any testator or intestate, shall not be deemed any part of the time limited by law, for the commencement of actions against…
2Cases cited1 opinion
- Huntington v. BrinckerhoffNew York Supreme Court · 1833
3Cited by3 opinions
- Kniseley v. HamSupreme Court of Oklahoma · 1913
- Nichols v. Dusenbury & BaileyNew York Court of Appeals · 1849
- Bullymore v. CooperNew York Supreme Court · 1869