Lansing v. Starr
New York Court of Chancery
• THE plaintiff had brought an action at law against the defendant, as endorser of a promissory note, and the defendant pleaded the statute of limitations.
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• THE plaintiff had brought an action at law against the defendant, as endorser of a promissory note, and the defendant pleaded the statute of limitations. This bill was filed for a discovery, as to the origin and consideration of the note, and as to payments made by the drawer, and acknowledgments by the defendant, within six years. [ * 151 ] The defendant put in his plea and answer; and as to so much of the bill as sought a discovery respecting the making and endorsement of the note, or its consideration, or any promise of the defendant to pay it, or any confession of *the defendant that he…
1Opinion of the Court
The Chancellor.
*151[*152]
*150The defendant is sued at law as endorser of a note, and has pleaded the statute of limitations. The object of the suit here is, to obtain from the defendant some disclosures of the origin and ground of the consideration of the note, so as to enable the plaintiff to meet the plea at law, by showing a payment by the drawer, made and endorsed within the six years. I shall not undertake to inquire whether the discovery, if obtained, could be available at law, in opposition to the plea; but I am of opinion that the defendant is not bound, in this case, to make any dis*151covery that…
2Cited by6 opinions
- Belknap v. GleasonSupreme Court of Connecticut · 1836
- Hale v. CoffinCourt of Appeals for the First Circuit · 1903
- Elmore v. HydeNew York Court of Common Pleas · 1877
- Schultz v. Board of CommissionersIndiana Supreme Court · 1884
- Frazier v. DavidsCity of New York Municipal Court · 1885
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