Legal Opinion

Bryar v. Willcocks

New York Supreme Court

Decided August 15, 1824PublishedCited by 6 opinions

Assumpsit, on a promissory note, Payee v. Maker. Plea, ~'ion assumpsit, et non accrevit infra sex annos. . On the trial, at the April sittings in N. York, (1822) before Mr. Justice Woodworth, the plaintiff gave in evidence the note, dated February 6th, 1812, for $772,04, payable 4 monihs after date ; and proved that the cap. ad resp. was issued December 2d, 1819, and served on the same day.

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Assumpsit, on a promissory note, Payee v. Maker. Plea, ~'ion assumpsit, et non accrevit infra sex annos. . On the trial, at the April sittings in N. York, (1822) before Mr. Justice Woodworth, the plaintiff gave in evidence the note, dated February 6th, 1812, for $772,04, payable 4 monihs after date ; and proved that the cap. ad resp. was issued December 2d, 1819, and served on the same day. Then, to take the note without the operation of the slatute of limitations, the plaintiff produced the petition and * * ■* 1 proceedings of the defendant, under the “ act for giving relief in cases of…

1Opinion of the Court

Curia,

per Savage, Ch. J.

(after stating the case.) The first question is, whether the inventory and affidavit of the defendant is a sufficient acknowledgment to take the debt out of the statute of limitations. It is certainly an admission that the note was due and unpaid, and that will authorize us to presume á promise, unless the acknowledgment is accompanied with expressions which negative that idea. (Sands v. Gelston, 15 John. 511.)

2. Was the defendant’s discharge a bar ? The note was given before the repeal of the act of 1811.; and,.according to the decision of this Court, in Mather v.…

2Cases cited2 opinions

  1. Sands v. GelstonNew York Supreme Court · 1818
  2. In re WendellNew York Supreme Court · 1821

3Cited by6 opinions

  1. In Re PovillCourt of Appeals for the Second Circuit · 1939
  2. Defreest v. . WarnerNew York Court of Appeals · 1885
  3. In re EldridgeDistrict Court, E.D. Virginia · 1875
  4. In re the Estate of DaggettNew York Surrogate's Court · 1892
  5. Morrow v. MorrowNew York Supreme Court · 1877

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