Commercial Mutual Insurance v. Brett
New York Supreme Court
mHIS action was to recover the amount of two promissory JL notes made by the defendants to their own order in October and ¡November, 1853, and falling due on 6th October, 1854. The notes were given for premium on a jiolicy of insurance on a vessel of the defendants. The answer avers that the cause of action accrued more than six years before the commencement of the action.
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mHIS action was to recover the amount of two promissory JL notes made by the defendants to their own order in October and ¡November, 1853, and falling due on 6th October, 1854. The notes were given for premium on a jiolicy of insurance on a vessel of the defendants. The answer avers that the cause of action accrued more than six years before the commencement of the action. There were also other defenses in the answer, but the case was decided by the justice before whom the case was tried without a jury, on the ground of limitation solely, and he rendered judgment for the defendants. The notes…
1Opinion of the Court
By the Court, Ingraham, P. J.
The words of the statute applicable to this case are as follows : “ Ho acknowledgment shall be sufficient evidence of a continuing contract whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby. (Code, § 110.) What was necessary as an acknowledgment to take a debt out of the statute was fully .discussed in Allen v. Webster, (15 Wend. 284.) and after citing various cases, Savage Ch. J. says: “ Since the case of Sands v. Gelston, there has been no dispute as to what the…
2Cases cited4 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Winchell v. . HicksNew York Court of Appeals · 1859
- Allen v. WebsterNew York Supreme Court · 1836
- Deyo's Executors v. Jones' ExecutorsNew York Supreme Court · 1838
3Cited by2 opinions
- In re LorillardCourt of Appeals for the Second Circuit · 1901
- Ross v. RossNew York Supreme Court · 1875