Legal Opinion

Cole v. Jessup

New York Supreme Court

Decided January 4, 1848PublishedCited by 11 opinions

The plaintiff’s declaration in this cause was entitled of May term, 1845, and was in assumpsit on the common counts; to which was subjoined a bill of particulars stating that the action was brought to recover the amount of a promissory note of which a copy was annexed.

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The plaintiff’s declaration in this cause was entitled of May term, 1845, and was in assumpsit on the common counts; to which was subjoined a bill of particulars stating that the action was brought to recover the amount of a promissory note of which a copy was annexed. The note was dated Brockville, 20th September, 1834, and was made by one Shriver, payable to James Jessup or order, at the Ogdensburgh Bank,- six months after date, for $808,71, for value received, and endorsed James Jessup, Edwin Church. The action was by the holder against the first and second endorser of the note. Jessup…

1Opinion of the Court

By the Court, Willard, J.

By the 27th section of the article of "the revised statutes relative to the time of commencing actions for the recovery of any debt or demand, or for damages only, (2 R. 13. 297,) it is thus enacted : “ If at the time when any cause of action specified in this article, shall accrue against . any person, he shall be out of this state, such action may be commenced within the terms herein respectively limited, after the return of such person into this state; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state,…

2Cases cited4 opinions

  1. Ruggles v. KeelerNew York Supreme Court · 1808
  2. Fry v. JonesSupreme Court of Pennsylvania · 1829
  3. Peck v. Trustees of RandallNew York Supreme Court · 1806
  4. Didier v. DavisonNew York Court of Chancery · 1847

3Cited by11 opinions

  1. Cole v. . JessupNew York Court of Appeals · 1854
  2. Loken v. MagrumNorth Dakota Supreme Court · 1986
  3. Carpenter v. WellsNew York Supreme Court · 1855
  4. Paine v. DrewSupreme Court of New Hampshire · 1860
  5. Baldwin v. BoulwareMissouri Court of Appeals · 1899

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