Dunham v. Dodge
New York Supreme Court
Action upon a joint and several promissory note, against the makers. The defense was the statute of limitations. The plaintiff, to take the case out of the statute, proved partial payments made within six years, by one of the makers. The judge before whom the cause was tried, held that such payments did not revive the debt against the other parties to the note, and the plaintiff excepted to such decision. Judgment was entered for the defendants, and the plaintiff appealed.
1Opinion of the Court
By the Court, Allen, J.
The plaintiff in this action relies upon payments by one of several makers of a promissory note, made before the statute of limitations had barred an action upon it, to take the case out of the statute, as to all the makers, and to "continue the joint liability of all for six years from the time of making the last of such payments.
Before the decision of Van Keuren v. Parmalee, (2 Coms. 523,) it would have been considered very well settled, upon authority, that such payments did operate to prevent the statute of limitations from attaching to the demand; that by the joint…
2Cases cited10 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Sands v. GelstonNew York Supreme Court · 1818
- Dean v. HewitNew York Supreme Court · 1830
- Thompson v. PeterSupreme Court of the United States · 1827
- Stafford v. RichardsonNew York Supreme Court · 1836
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