Jackson v. Varick
New York Supreme Court
Motion for leave to add a plea of the statute of limita- . ■ , . r tions. The action is trespass for mesne profits, commenced ™ MaJ vacation, 1827, demise laid 3d August, 1819. The defendant pleaded the general issue alone, and now applied for leave to add a plea of the statute of limitations, on an excuse offored by the attorney .in the cause that he had been advised by counsel to put in such plea, without regard to the , „ , . . . 1 , , . plea oí the statute of…
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Motion for leave to add a plea of the statute of limita- . ■ , . r tions. The action is trespass for mesne profits, commenced ™ MaJ vacation, 1827, demise laid 3d August, 1819. The defendant pleaded the general issue alone, and now applied for leave to add a plea of the statute of limitations, on an excuse offored by the attorney .in the cause that he had been advised by counsel to put in such plea, without regard to the , „ , . . . 1 , , . plea oí the statute of limitations. It further appeared that the defendant was a purchaser under a covenant of warranty of the premises, for the mesne…
1Opinion of the Court
By the Court, Sutherland, J.
It is said that the defendant will not be able to recover from his grantor beyond six years interest on his covenant of warranty, and that therefore this case should form an exception to the general rule which governs in these cases. We do not think so. The rule is uniform, that if a party neglects to plead the statute of limitations, he loses his plea. The statute of limitations is a strict defence, and if the party lets it slip, the court will not relieve him. The motion is denied, with costs.
2Cited by11 opinions
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- Dicken v. JohnsonSupreme Court of Georgia · 1849
- Ledbetter v. LedbetterTennessee Supreme Court · 1949
- Gilchrist v. Gilchrist's ExecutorsNew York Supreme Court · 1873
- Bird v. AdamsSupreme Court of Georgia · 1849
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