Carver v. Adams
Supreme Court of Vermont
Book Account. The main question pertains to the effect of a certain New York statute, which is sufficiently referred to in the opinion of the court. e ■ On the hearing on the report of the auditors and exceptions thereto, at the September Term, 1864, Kellogg, J., presiding, judgment was rendered for the defendant, — to which the plaintiff excepted.
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The domicile of both parties to this action was in the state of New York, when the claim, which the plaintiff seeks to enforce, accrued, and has been ever since. The plaintiff had an opportunity to plead this claim in off-set, in a former suit between him and the defendant, in that state. That opportunity he neglected to improve. The auditor finds, that on account of this neglect, the *501plaintiff, by a statute of New York, which, we thiuk, was duly proven .before him, “ is forever precluded from maintaining any action upon the claim.” 2 N. Y.…
2Cases cited6 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Wilcox v. HuntSupreme Court of the United States · 1839
- United States v. HoustonU.S. Circuit Court for the District of District of Columbia · 1832
- Peck v. HibbardSupreme Court of Vermont · 1854
- Farmers & Mechanics v. FlintSupreme Court of Vermont · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
- Wursthaus, Inc. v. CerretaSupreme Court of Vermont · 1987
- Gilson v. BinghamSupreme Court of Vermont · 1871
- Hutchins v. GeorgeSupreme Court of Vermont · 1918
2 more not listed; retrieve them via the Exa API.