Wakeman v. . Sherman
New York Court of Appeals
Appeal from a judgment of the supreme court affirming a judgment of the superior cburt of New-York. (See 11 Barb., 254.) This was an action of assumpsit, commenced February, 15, 1845, on two notes of Sherman dated December .11, 1834, for $626.31 each, payable at one and two years from date. Pleas, the general issue, the statute of limitations, and a discharge under the insolvent act.
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Appeal from a judgment of the supreme court affirming a judgment of the superior cburt of New-York. (See 11 Barb., 254.) This was an action of assumpsit, commenced February, 15, 1845, on two notes of Sherman dated December .11, 1834, for $626.31 each, payable at one and two years from date. Pleas, the general issue, the statute of limitations, and a discharge under the insolvent act. The plaintiff replied to each of the two latter pleas, a new promise on the 1st day of February, 1845.» The testimony given upon the trial with regard to the new promise of the defendant will be found in the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question in this case is whether the evidence in support of the replication was sufficient to submit to the jury. Two witnesses were sworn in behalf of the plaintiff, Schenck and Talmadge. The testimony of the first may be laid out of the case, as the conversation which was the subject of it resulted in a proposition upon the part of the defendant to give two notes at six and twelve months (whether for the whole or a part of the demand does not appear),…
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