Pinkerton v. Bailey
New York Supreme Court
This was an action of assumpsit,tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was on a promissory note for $550, dated 27th October, 1818, payable to the order of Thomas Scott, 60 days after date. The plaintiff declared as endorsee under an endorsement alleged (as usual) to have been made on the day of the date of the note.
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This was an action of assumpsit,tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The suit was on a promissory note for $550, dated 27th October, 1818, payable to the order of Thomas Scott, 60 days after date. The plaintiff declared as endorsee under an endorsement alleged (as usual) to have been made on the day of the date of the note. The defendant pleaded actio non accrevit infra, &c. and the plaintiff replied that the action did accrue within six years, &c. The suit was commenced in August, 1827. The attorney for the plaintiff testified…
1Opinion of the Court
By the Court, Sutherland, J.
The acknowledgement was clearly sufficient to take the case out of the statute. The plaintiff’s attorney testified that in September, 1824, the note was left with him for collection ; that he wrote to the defendant for payment of the note ; that the defendant called upon him, admitted the note, and promised to settle the same. This is all that is necessary to take a case out of the statute. A promise to settle under such circumstances must be equivalent to a promise to pay. The defendant was called upon for the payment of a liquidated demand—a promissory note ; and…
2Cases cited2 opinions
- Depuy v. SwartNew York Supreme Court · 1829
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
3Cited by26 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Pratt v. AdamsNew York Court of Chancery · 1839
- Presidio County v. Noel-Young Bond & Stock Co.Supreme Court of the United States · 1909
- Manistee National Bank v. SeymourMichigan Supreme Court · 1887
- State v. StaubSupreme Court of Connecticut · 1892
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