Legal Opinion

Creuse v. Defiganiere

The Superior Court of New York City

Decided January 5, 1863PublishedCited by 3 opinions

This action was upon a judgment recovered by the plaintiff against one Martin, the defendant’s testator, on the 26th of ¡November, 1840, in the Tribunal of Commerce, of the city of Paris, France. The answer denied all the allegations in the complaint, except the death of the testator, and the defendant’s appointment as his executor.

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This action was upon a judgment recovered by the plaintiff against one Martin, the defendant’s testator, on the 26th of ¡November, 1840, in the Tribunal of Commerce, of the city of Paris, France. The answer denied all the allegations in the complaint, except the death of the testator, and the defendant’s appointment as his executor. The answer further set up, as a separate and distinct defense, that the supposed cause of action did not accrue to the plaintiff at any time within six years next before the commencement of the suit. The action was commenced on the 10th of May, 1859, and was…

1Opinion of the Court

By the Court — Monell, J.

The plaintiff relied upon a new promise to remove the bar of the statute of limitations.

The Beferee having found against the plaintiff on that fact, we are called upon to review his finding upon the evidence.

The evidence relied on by the plaintiff, as establishing a new promise, is to be found in some letters of the defendant’s testator, annexed to a commission executed in France.

The first of these letters is addressed to Mr. Louis Detun cq, at Paris, and is dated Hew York, May 14, 1851. After speaking of the bad faith of certain persons who had caused his ruin he…

2Cases cited4 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. Mead v. DegolyerNew York Supreme Court · 1837
  3. Pickett v. KingNew York Supreme Court · 1861
  4. Marvin v. RichmondNew York Supreme Court · 1846

3Cited by3 opinions

  1. Heaton v. LeonardNew York Supreme Court · 1893
  2. Cudd v. JonesNew York Supreme Court · 1892
  3. Smith v. RyanThe Superior Court of New York City · 1875

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