Van Alen v. Feltz
New York Court of Appeals
Isaac J. Van Alen sued John S. Feltz in the supreme court on two judgments of a justice of the peace. The judgments were recovered, April 18,1846, by Geo. W. and Gersham Bulkley (the amounts being respectively 810L15 and $76.15), and were duly assigned by them to Van Alen, the present plaintiff, on March 31, 1856; and on July 10, 1856, he commenced the present action The only question was as to the application of the statute of limitations.
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Isaac J. Van Alen sued John S. Feltz in the supreme court on two judgments of a justice of the peace. The judgments were recovered, April 18,1846, by Geo. W. and Gersham Bulkley (the amounts being respectively 810L15 and $76.15), and were duly assigned by them to Van Alen, the present plaintiff, on March 31, 1856; and on July 10, 1856, he commenced the present action The only question was as to the application of the statute of limitations. On the trial it was proved that in June, 1852, previous to the assignment to the plaintiff, and before the statute of limitations had run against the…
1Opinion of the Court
By the Court.
T. A. Johstsost, J.
When the code went *441into operation, the right of action had already accrued upon both judgments, and the only question presented by the case, is, whether a written promise, in such a case, is necessary, to take the demand out of the operation of the statute. No question is made but that the promise would have been sufficient before the code of procedure. Section 110 of the code provides that “ no acknowledgement, or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this title, unless the same be…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Esselstyn v. . WeeksNew York Court of Appeals · 1855
- In re BookhoutNew York Supreme Court · 1856
3Cited by1 opinion
- In re State Reservation at NiagaraNew York Supreme Court · 1884