Belknap v. Sickles
New York Court of Common Pleas
Appeal by the defendant from an order of this court, made at special term by Judge Joseph F. Daly, granting a motion that the defendant make his answer more definite and certain.
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Appeal by the defendant from an order of this court, made at special term by Judge Joseph F. Daly, granting a motion that the defendant make his answer more definite and certain. The complaint, after alleging loans of money to the defendant made in 1861, alleged that “ thereafter, and until the 1st day of July, 1869, the defendant departed from- and resided out of the State of New York and the jurisdiction of the courts of this State, not less than five years, taking said absences collectively. That from the 1st day of July, 1869, to the time of the commencement of this action, said…
1Opinion of the CourtRobinson, J.
This action was brought in the latter part of December, 1876, or beginning of 1877, upon three several claims for money alleged to have been loaned the defendant in June and July, 1871, by one A. A. Belknap, and “repayable immediately,” of which plaintiff alleges he is assignee. With a-view to forestall the defense of the statute of limitation, plaintiff alleges that after the causes of action had accrued, the defendant thereafter, and until the 1st day of July, 1869, departed from and resided out of the State of New York and the jurisdiction of the courts of this State not less than five…
2Cases cited3 opinions
- Cole v. . JessupNew York Court of Appeals · 1854
- Stone v. . FlowerNew York Court of Appeals · 1872
- Hickok v. BlissNew York Supreme Court · 1861