Bucklin v. Ford
New York Supreme Court
Motion to set aside report of a referee. The action was assumpsit, brought by the plaintiff as administrator of John Bucklin, jun. deceased, against the defendant as executor of John Bucklin, senior, deceased.
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Motion to set aside report of a referee. The action was assumpsit, brought by the plaintiff as administrator of John Bucklin, jun. deceased, against the defendant as executor of John Bucklin, senior, deceased. The first count of the declaration was for taking and converting goods, chattels, and things in action, bills, bonds, promissory notes, judgments, mortgages, &c., belonging to the plaintiff’s intestate, of the value of $2000: with an allegation of a promise to pay the amount. To this was added the common counts. The defendant pleaded the general issue, and gave notice that he would…
1Opinion of the Court
By the Court, Pratt, J.
The only question raised upon the argument in this cause was in relation to the statute of limitations. It is undoubtedly a well settled proposition that no exception to the statute of limitations can be claimed, unless *395it is expressly mentioned in such statute. “ General words of a statute, it is considered, must receive a general construction, and unless there can be found in the statute itself some ground of restraining it, it cannot be restrained by arbitrary addition or retrenchment.” (Angell on Limitations, 144. Bickford v. Wade, 11 Vesey, 86.)
But a more grave…
2Cases cited7 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Hobart v. Connecticut Turnpike Co.Supreme Court of Connecticut · 1842
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- Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
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