Chamberlin v. Cuyler
New York Supreme Court
Statute of limitations. This cause came before the court on a report of referees. The action was commenced in 1829. The plaintiff proved an account against the defendant, to the amount of #63,24, which accrued in the years 1826 and 1827. The defendant under a notice of set off, proved an account against the plaintiff for services rendered by him as a constable, at the request of the plaintiff, in the years 1821 and 1822, amounting to #6; also an account amounting to #88,49,…
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Statute of limitations. This cause came before the court on a report of referees. The action was commenced in 1829. The plaintiff proved an account against the defendant, to the amount of #63,24, which accrued in the years 1826 and 1827. The defendant under a notice of set off, proved an account against the plaintiff for services rendered by him as a constable, at the request of the plaintiff, in the years 1821 and 1822, amounting to #6; also an account amounting to #88,49, due to him as a merchant, for goods, wares and merchandise, sold to the plaintiff at at various times, between June 1818…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to the opinion, upon reflection, that upon authority, the whole of the defendant’s account was taken out of the operation of the statute of limitations. The question is, whether the item for lottery tickets sold in 1826, being within six years, takes the other charges- out of the statute. I consider this a case of mutual accounts, and the only doubt is whether the last item of the defendant’s account is so connected with the others as to constitute an open running account. The cases referred to throw no light on the point; there is no allusion to any…
2Cases cited1 opinion
- Kimball v. BrownNew York Supreme Court · 1831
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