Davenport v. Comstock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Flora L. Davenport, as sole executrix, etc., of Clara D. Lufkin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of February, 1897, upon the dismissal of her complaint upon the merits, by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Cullen, J.:
This action is brought on a promissory note, to which the defendant. pleaded the Statute of Limitations. On. the trial the court decided that the defense was conclusively established, and dismissed the complaint on the merits, which we treat as being equivalent to a direction of a verdict in favor of the defendant. The note in suit is as follows:
“$6,000. Buffalo, N. Y., Sept. 1, 1882.
“One day after date (after date) we promise to pay to the order of Mrs. D. H. Lamb, six thousand dollars at-value received, with current rate of exchange in New York, with interest.
“CEO. W. COMSTOCK,
“…
2Cases cited5 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Crow v. . GleasonNew York Court of Appeals · 1894
- Purdy v. AustinNew York Supreme Court · 1829
- Bailey v. CraneMassachusetts Supreme Judicial Court · 1838
- Whitney v. BigelowMassachusetts Supreme Judicial Court · 1826