Bound v. Lathrop
Supreme Court of Connecticut
IN ERROR. This was an action, brought by Lathrop, against Bound and Sampson, on a promissory note, executed by them jointly and severally, dated the 19th of February, 1814, payable on demand. The action was commenced the 4th of April, 1821. The defendant Bound pleaded non assumpsit infra sex annos: the other defendant was defaulted.
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IN ERROR. This was an action, brought by Lathrop, against Bound and Sampson, on a promissory note, executed by them jointly and severally, dated the 19th of February, 1814, payable on demand. The action was commenced the 4th of April, 1821. The defendant Bound pleaded non assumpsit infra sex annos: the other defendant was defaulted. On the trial before the city court of the city of Middletown, consisting of two aldermen, the plaintiff offered evidence to prove, that within six years next before the commencement of the action, Sampson had acknowledged the note in suit to be justly due. To the…
1Opinion of the Court
Hosmer, Ch. J.
At the trial of this cause before the court below, evidence was exhibited to prove, that Daniel Sampson, one of the makers of the note in suit, within six years next before the commencement of the plaintiff’s action, acknowledged it to be justly due. The legal effect of this testimony, by reason of a disagreement between the judges, on the point, was not declared to the jury; but from the verdict it is indisputable, that they considered it to be a waiver of the statute of limitations. If they assumed the principle of law correctly, no error has intervened.
It is well established,…
2Cases cited4 opinions
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Lord v. ShalerSupreme Court of Connecticut · 1819
- Howard v. CobbU.S. Circuit Court for the District of Connecticut · 1809
- Bostwick v. LewisSupreme Court of Connecticut · 1802
3Cited by16 opinions
- Coit v. TracySupreme Court of Connecticut · 1830
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
- Norton v. ShepardSupreme Court of Connecticut · 1880
- Robbins v. HarveySupreme Court of Connecticut · 1824
- Joslyn v. SmithSupreme Court of Vermont · 1841
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