Bouton v. Hill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James H. Bouton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the'clerk of the county of Delaware on the 30th day of January, 1895, upon the verdict of a jury rendered after a trial at the Delaware Circuit dismissing the plaintiff’s complaint upon the merits, and also from an order entered in said clerk’s office on the 29th day of January 1895, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, James H. Bouton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the'clerk of the county of Delaware on the 30th day of January, 1895, upon the verdict of a jury rendered after a trial at the Delaware Circuit dismissing the plaintiff’s complaint upon the merits, and also from an order entered in said clerk’s office on the 29th day of January 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Herrick, J.:
This is an appeal by the plaintiff from a judgment rendéred •against him and in favor of the defendant, and from an order denying a motion for a new trial made upon the minutes of the court.
The action is upon a note for $800, dated March 15, 1883, signed by .the defendant, and payable to the order of the plaintiff. The •defense is the Statute of Limitations and usury. The evidence .given upon the trial was insufficient to establish usury, and the case turned upon the defense of the Statute, of Limitations. It is con-ceded that the action was commenced on December 24, 1892.
At the…
2Cases cited10 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Harper v. . FairleyNew York Court of Appeals · 1873
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Smith v. . RyanNew York Court of Appeals · 1876
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
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