Peck v. New York & Liverpool United States Mail Steamship Co.
The Superior Court of New York City
This is an appeal by tbe New York and Liverpool United States-Mail Steamship Company, the defendant, from a judgment against it in favor of Zachary Peck, the plaintiff, for $14,237.17, entered March 4, 1858, on the report of Hon. William Kent, as Referee..
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This is an appeal by tbe New York and Liverpool United States-Mail Steamship Company, the defendant, from a judgment against it in favor of Zachary Peck, the plaintiff, for $14,237.17, entered March 4, 1858, on the report of Hon. William Kent, as Referee.. The action was commenced on the 2d of February, 1856, by the plaintiff as general assignee of William H. Brown, (under an assignment alleged to have been made and to be dated October 24, 1855,) to- recover $25,639.75 for extra work and materials alleged to-have been done and furnished by Brown in completing the steamer Atlante, “ from on or…
1Opinion of the Court
By the Court—Hoffman, J.
The first and important question raised for consideration is the application of the statute of limitations, which is set up in the answer as a bar to the action.
By the 2d of May, 1849, the work for which the present claim is made was fully performed. The demand consists of one separate, independent item, made up on the elements of the contract price, the contract depth and length, and the increase of the lat-. ter by a new agreement.
*233The action to recover this amount was commenced on the 2d of February, 1856.
When this account or item was entered on the books of the…
2Cases cited4 opinions
- Kimball v. BrownNew York Supreme Court · 1831
- Edmondstone v. ThomsonNew York Supreme Court · 1836
- Abbott v. KeithSupreme Court of Vermont · 1839
- Hay v. KramerSupreme Court of Pennsylvania · 1841
3Cited by9 opinions
- F. M. Slagle & Co. v. BushnellSouth Dakota Supreme Court · 1944
- Green v. . DisbrowNew York Court of Appeals · 1879
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- Turner v. MartinThe Superior Court of New York City · 1865
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