Ellison v. Moffatt
New York Court of Chancery
THE plaintiff filed a bill, in 1809, against the defendants, as the executors, heirs, and devisees of Thomas Moffat, deceased, for an account, stating an agreement, under seal, dated in April, 1769, between John and William Ellison and the testator, by which they agreed to furnish the testator with a store of goods, which he was to sell on certain terms; and the agreement was to continue for three years.
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THE plaintiff filed a bill, in 1809, against the defendants, as the executors, heirs, and devisees of Thomas Moffat, deceased, for an account, stating an agreement, under seal, dated in April, 1769, between John and William Ellison and the testator, by which they agreed to furnish the testator with a store of goods, which he was to sell on certain terms; and the agreement was to continue for three years. In April, 1772, the agreement was renewed for six years, _ and it was unexpired when the American revolutionary war broke out, in 1775, and interrupted the business. The parties lived in the…
1Opinion of the Court
The Chancellor.
The parties lived in the same county, and, without accounting for the delay, the plaintiff suffered a period of 26 years to elapse, from the termination of the jimer-%can war, to the time of filing his bill. The offer made by the executors being for peace, and without any recognition of the justness of the demand, and being rejected by the plaintiff, cannot affect the question.
It would not be sound discretion to overhale accounts, in favour of a party who has slept on his rights for such a length of time; especially, against the representatives of the other party, who have no…
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- Hemphill v. MoodySupreme Court of Alabama · 1878
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