Fowler v. Hunt
New York Supreme Court
THIS was an action of assumpsit on a promissory note, made by'the defendant stDemararu, in South America, for 1,050 guilders, Holland currency, the 15th September, 1792, and payable to the plaintiff or order two months after date. The defendant pleaded non assumpsit, and non actio accrevit infra sex annos.
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THIS was an action of assumpsit on a promissory note, made by'the defendant stDemararu, in South America, for 1,050 guilders, Holland currency, the 15th September, 1792, and payable to the plaintiff or order two months after date. The defendant pleaded non assumpsit, and non actio accrevit infra sex annos. The plaintiff replied that w'hen the cause of action accrued, the defendant was out of the state, to wit, at Demorara, and there resided until his return to this state, and the defendant brought his action within six years after such return of the defendant to this state; to this…
1Per curiam
This is a clear case. The defendant was in the state in 1793 and in 1802, with the knowledge of the plaintiff, and in his company, and might have been arrested at the pleasure of the plaintiff. Either of those instances was 65 a return into this state,” within the proviso to the 5th section of the statute of limitations, and sufficient to cause the statute to commence running against the plaintiff’s demand. The word return applies as well to persons coming from abroad, where they had resided, as to citizens of this state going abroad for a temporary purpose, and then returning. (Ruggles v.…
2Cases cited1 opinion
- White v. BaileyMassachusetts Supreme Judicial Court · 1807
3Cited by18 opinions
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- Turner v. American Metal Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Cole v. . JessupNew York Court of Appeals · 1854
- Davis v. FieldSupreme Court of Vermont · 1884
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