Sacia v. De Graaf.
New York Supreme Court
Ehror from the Court of Common Pleas, of the county Schenecladlh to reverse a judgment of that Court, rendercd on appeal from a Justice’s- Court. The action was as~ SWWD upon a promissory note by De Graaf, the payee, against Sacia, the maker. The note was dated the 2d March, 1311, and given for $42,50, payable one year after date’ with interesL The suit in the Justice’s Court was not commenced till March, 1819. The plea was the genera^ *ssue ani* the statute of limitations.
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Ehror from the Court of Common Pleas, of the county Schenecladlh to reverse a judgment of that Court, rendercd on appeal from a Justice’s- Court. The action was as~ SWWD upon a promissory note by De Graaf, the payee, against Sacia, the maker. The note was dated the 2d March, 1311, and given for $42,50, payable one year after date’ with interesL The suit in the Justice’s Court was not commenced till March, 1819. The plea was the genera^ *ssue ani* the statute of limitations. On the trial, in the Common Pleas, in November, 1820, the plaintiff proved the . n 7 _ 1 r execution ot the note. To…
1Opinion of the Court
Curia, per Savage, Ch. Justice.
The only question which can arise in this case is, whether the defendant’s having obtained a discharge, under the insolvent act of 1811, protects the plaintiff from the consequences of not prosecuting within six years. By the 2d proviso to the 5th section of the act of limitations, (e) excuses for disability in the plaintiff, are confined to infancy, coverture, insanity, orimprisonment. The only excuse allowed by the statute, arising from the act of the defendant, is his being out of the state when the cause of action accrued. Though the defendant’s virtual…
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