Henderson v. Henderson
New York Supreme Court
Debt on a judgment in this court of May term, 1823, for §6790,26. Plea, that the right of action of the plaintiff upon the said judgment accrued more than twenty years before the commencement of this suit, to wit, on the 9th day of July, 1823, concluding with a verification. Demurrer and joinder.
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is not a conclusive, but only a prima facie presumption, which may be repelled by proof of payment of some part of the debt, or a written acknowledgment of a right of action within twenty years. (§ 48.) The statute has not altered the form of pleading. The plea should be payment, upon which issue should be joined. Under that .issue the defendant may show actual payment, or rely on the lapse of time as a ground for presuming payment. And in answer to the presumption, the plaintiff may show a partial payment, or a written acknowledgment of a right of action…
2Cited by14 opinions
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- People v. Van RensselaerNew York Supreme Court · 1850
- Waddell's Adm'r v. . Elmendorf's Adm'rs.New York Court of Appeals · 1854
- New York Life Insurance & Trust Co. v. CovertNew York Supreme Court · 1859
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