Smith v. Ludlow
New York Supreme Court
THIS was an action of assumpsit. The declaration contained seven counts. The defendant pleaded non assumpsit; and non assumpsit infra sex annos, on which issue v/as joined.
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THIS was an action of assumpsit. The declaration contained seven counts. The defendant pleaded non assumpsit; and non assumpsit infra sex annos, on which issue v/as joined. J Previous to the commencement of the suit, the plain- ■ tiff called on the defendant G. and requested a settler , r , ment or the account oí the intestate, and the defendant G. then admitted the account, (marked A.,) dated No-member 30th, 1T9T, to have been made out by him, and said he thought the account of the defendants with Walker, had been settled by the • other defendant, in v J whose hands the books of the…
1Per curiam
This case has been submitted to the court, on the question, whether the evidence was sufficient to take the demand out of the statute of limitations. But the case hardly affords room for a plausible doubt. It has been long settled, that an acknowledgment of the debt, within six years, will take it out of the statute. This was so ruled in this court, in the late case of Sluby v. Champlin; (4 Johns. Rep. 461.) and the authorities on the point are well collected and arranged in 2 Saund. 63. note 6. The acknowledgment here, by the defendant Gulian, was as strong as that in the case of Sluby v.…
2Cited by19 opinions
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Eyck v. WingMichigan Supreme Court · 1848
- Lane v. DotyNew York Supreme Court · 1848
- Cox v. BaileySupreme Court of Georgia · 1851
- Exeter Bank v. SullivanSuperior Court of New Hampshire · 1833
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