Hubbell v. Coudrey
New York Supreme Court
THIS was an action of debt. The declaration stated, that at a county court, held at Danbury, in the state of Connecticut, on the third Tuesday of November, 1799, the plaintiff as survivor of, Etc. recovered against the defendant, 1617 dollars and 19 cents, of debt, and 14 dollars and 50 cents, of costs, as by the record thereof appears, and that the judgment remained in full force, See, whereby an action had accrued, Etc.
Read the full summary
THIS was an action of debt. The declaration stated, that at a county court, held at Danbury, in the state of Connecticut, on the third Tuesday of November, 1799, the plaintiff as survivor of, Etc. recovered against the defendant, 1617 dollars and 19 cents, of debt, and 14 dollars and 50 cents, of costs, as by the record thereof appears, and that the judgment remained in full force, See, whereby an action had accrued, Etc. The defendant pleaded, 1. Nil debet. 2. That the action did not accrue within six years,r next before, Etc. There was a general demurrer and joinder, as to these cond plea,…
1Per curiam
The statute of limitations may be plead- . ■ed to all actions of debt, upon simple contract; and the judgment upon which the suit is brought, cannot, according to the settled doctrine in this court, be viewed in any higher light. In Walker v. Witter, (Doug. 1.) it was held, that an action of debt or assumpsit, would lie upon a foreign judgment; and Lord Mansfield observed, in that case, that a judgment was not a specialty, but the debt only a simple contract debt. In Duplein v. De Rover, (2 Vern. 540.) the very point arose. The statute of limitations was pleaded to a suit in chancery, on a…
2Cited by9 opinions
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1902
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
- Wilson v. RobertsonTennessee Superior Court for Law and Equity · 1808
4 more not listed; retrieve them via the Exa API.