Smith v. Ryan
The Superior Court of New York City
Appeal from a judgment. The action was to recover a balance of an account for goods sold, &c., for which the defendant was indebted April 10, 1868. The defense was the statute of limitations. On April 14, 1868, the defendant endorsed and delivered to the plaintiffs two promissory notes of five hundred dollars each, made by Betts & Gay, dated April 6, 1868, and payable in two and five months, with interest.
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Appeal from a judgment. The action was to recover a balance of an account for goods sold, &c., for which the defendant was indebted April 10, 1868. The defense was the statute of limitations. On April 14, 1868, the defendant endorsed and delivered to the plaintiffs two promissory notes of five hundred dollars each, made by Betts & Gay, dated April 6, 1868, and payable in two and five months, with interest. The notes were secured by a chattel mortgage made by the makers to the defendant, which he assigned to the plaintiffs. Upon the receipt of the notes from the defendanr they were entered in…
1Dissent
Freedman, J. (dissenting).
The plaintiff sued as the surviving partner of Isaac H. Smith & Son, to recover a balance due on an account for goods sold and delivered to the defendant by the said firm.
The defendant rested his defense on the statute of limitations.
The referee held that the account between the parties was a mutual, open, and running account, and that the last item proved in the account was the receipt by plaintiffs’ firm, within six years of the commencement of the action, of the proceeds of certain notes made by third parties and transferred by the defendant, with his endorsement…
2Cases cited14 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Harper v. . FairleyNew York Court of Appeals · 1873
- Noel v. . MurrayNew York Court of Appeals · 1855
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
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