President v. Childs
New York Supreme Court
On demurrer to the plaintiffs’ replication. The first count of the declaration stated, that on the \Ath of February, 1818, and for a long time before and after, the defendant was a public notary of this state, &c,; and in consideration of certain reasonable fees and reward, to be paid to him by the plaintiffs, be then undertook and promised to give due notice to John C. Spencer, of the nonpayment of a certain promissory note, dated August 12th, 1817, payable to Spencer, or…
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On demurrer to the plaintiffs’ replication. The first count of the declaration stated, that on the \Ath of February, 1818, and for a long time before and after, the defendant was a public notary of this state, &c,; and in consideration of certain reasonable fees and reward, to be paid to him by the plaintiffs, be then undertook and promised to give due notice to John C. Spencer, of the nonpayment of a certain promissory note, dated August 12th, 1817, payable to Spencer, or order, 6 months after date, for $1237, with interest, at the Utica Branch Bank; endorsed by Spencer to Smedes & Canfield;…
1Opinion of the Court
Curia, per
Woobwosth, J.
(after stating the pleadings.) The question to be decided is, whether the statute of limitations began to run from the time when the note fell due, since which more than six years elapsed before the present suit was commenced ; or from the time of the recovery against the plaintiffs, which was within six years.
It is contended, that the cause of action was not complete until the plaintiffs sustained damages. I apprehend this cannot be the test. On the principle assumed, the defendant’s liability might continue indefinitely, when, from the nature of the case, there is no…
2Cases cited1 opinion
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
3Cited by13 opinions
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- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
- Schade v. GehnerSupreme Court of Missouri · 1896
- Thorne v. JohnsonMissouri Court of Appeals · 1972
- Governor v. GordonSupreme Court of Alabama · 1848
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