Laurence v. Hopkins
New York Supreme Court
THIS was. an action- on- a joint and several promissory note, of which the defendant was one of the makers, dated the 7th of October, 1803, payable to E'benezer Whiling, or order, four years- " ' alter date, for 152 dollars and 52 cents, and endorsed by th& Payee i° R>e plaintiff..
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THIS was. an action- on- a joint and several promissory note, of which the defendant was one of the makers, dated the 7th of October, 1803, payable to E'benezer Whiling, or order, four years- " ' alter date, for 152 dollars and 52 cents, and endorsed by th& Payee i° R>e plaintiff.. The defendant pleaded the general issue,, and non assumpsit infra sex amios, to wliich the plaintiff replied, The cause was- tried before Mr.,Justice.Plait, at the 'Scheneclar in November, 1815. , The plaintiff was nohsuited at the trial upon a variance between the note given its evidence, and the declaration. The…
1Opinion of the Court
Per Curiam,
The evidence is not sufficient to take .the case out of the statute of limitations. It neither shows an express or implied promise'to pay the debt.; but, on the contrary, it appears that the defendant uniformly .considered the demand as unjust from the,beginning, and that hé was- under no obligation to-pay it. To infer a promise to pay, ih direct apposition to the defend-1 ant’s denial of the justice and fairness of the debt, would be trifling with the statute. The proposition to give 25 dollars to settle the demand must be laid out of. the case, because that was a mere…
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- Moffitt-West Drug Co. v. ByrdCourt of Appeals for the Eighth Circuit · 1899
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1825
- Atwood v. CoburnSuperior Court of New Hampshire · 1828
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