Edmondstone v. Thomson
New York Supreme Court
Statute of limitations. The suit in this case was brought for services rendered, for board of workmen in defendant’s employment, for cattle and farming utensils sold and delivered, and for monies paid in the business of the defendant.
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Statute of limitations. The suit in this case was brought for services rendered, for board of workmen in defendant’s employment, for cattle and farming utensils sold and delivered, and for monies paid in the business of the defendant. The first item in the bill of particulars was under date of 8th March, 1826 ; then followed a number of items, some under date of 1st April,1826,and others of 29thMarch,1827; next five items of the date of 1st April, 1827 ; and two, being the last items, of the date of the 17th and 18th April, 1827, the whole amounting to the sum of ¡§467,78. The cause was heard…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only questions to be decided are : 1. Whether all the items allowed in the plaintiff’s account, except the two last, are not barred by lapse of time, and 2. Whether interest was properly allowed.
By the revised statutes an action may be commenced against individuals either by capias ad respondendum, or by filing in the office of the clerk of the court" a declaration, entering a rule to plead, and serving a copy of such declaration and notice of such rule personally on the defendant. Nothing can be more' plain than that the suit is not commenced until the…
2Cases cited1 opinion
- Chamberlin v. CuylerNew York Supreme Court · 1832
3Cited by13 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Pengra v. WheelerOregon Supreme Court · 1893
- Palmer v. MayorThe Superior Court of New York City · 1849
- Peck v. New York & Liverpool United States Mail Steamship Co.The Superior Court of New York City · 1859
- Culver v. Union National Bank of TroyAppellate Division of the Supreme Court of the State of New York · 1925
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