Kimball v. Brown
New York Supreme Court
This was an action of assumpsit, tied at the Jefferson circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges. The plaintiffs’ demand consisted of an account of eight items for 9 barrels of beer, sold to the defendant at various times between the 31st May, 1.819, and 10th December, 1822, of which last date the charge was for one barrel of beer, |6 ; the charge immediately preceding the last was in April, 1821. The account was duly proved.
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This was an action of assumpsit, tied at the Jefferson circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges. The plaintiffs’ demand consisted of an account of eight items for 9 barrels of beer, sold to the defendant at various times between the 31st May, 1.819, and 10th December, 1822, of which last date the charge was for one barrel of beer, |6 ; the charge immediately preceding the last was in April, 1821. The account was duly proved. The suit was commenced in October term, 1828, and the defendant having pleaded the statute of limitations, insisted that as no…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question is whether the plaintiff is entitled to recover for the whole account, or only for the last barrel of beer. I have found but few cases on this point, and will briefly state the substance of them. The case of Cotes v. Harris, which is found only in Bull. N. P. 149, was an action of assumpsit against executors; they pleaded non-assumpsit infra sex annos, to which the plaintiff replied a promise within six years before the commencement of the,suit. On the trial, it appeared that all the items of the plaintiffs’ account, except one, were above six…
2Cited by17 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Smith v. . VelieNew York Court of Appeals · 1875
- Gunn v. GunnSupreme Court of Georgia · 1885
- Palmer v. MayorThe Superior Court of New York City · 1849
- Reeves v. HerrIllinois Supreme Court · 1871
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