Van Rensselaer v. Livingston
New York Supreme Court
This was an action of covenant, tried at the St. Lawrence circuit in February, 1832, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of covenant, tried at the St. Lawrence circuit in February, 1832, before the Hon. Esek Cowen, one of the circuit judges. The suit was brought upon articles of agreement bearing date 29th October, 1804, whereby the plaintiff engaged to convey to the defendant 66 acres of land, situate in the county of St. Lawrence, on the defendant paying to him $206,25 with interest; the money to be paid in four annual instal-ments, the first to be paid on 1st August, 1805. The defendant pleaded non est factum and payment. The execution of the contract was proved, and to rebut the…
1Opinion of the Court
By the Court,
Sutherland, J.
The question in this case is whether the provision of the revised statutes which requires a written acknowledgment, to repel the presumption of payment of a sealed instrument, after the expiration of 20 years, applies to pre-existing demands, or whether it is prospective only. The language of the section is clearly prospective. 2 R. S. 301, § 48. It is as follows : “ After the expiration of twenty years from the time a right of action shall accrue upon any sealed instrument for the payment of money, such right shall be presumed to have been extinguished by payment;…
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- People ex rel. Pitts v. Board of SupervisorsNew York Supreme Court · 1872
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