Austin v. Bostwick
Supreme Court of Connecticut
This was an action of book debt, against Charles Bostwick and Israel Gilbert, late merchants in company under the firm. of Charles Bostwick & Co., commenced on the 24th of August, 1831. The defendant Gilbert pleaded the statute of limitations. Replication, that the cause of action accrued within six years; on which issue was joined to the court.
Read the full summary
This was an action of book debt, against Charles Bostwick and Israel Gilbert, late merchants in company under the firm. of Charles Bostwick & Co., commenced on the 24th of August, 1831. The defendant Gilbert pleaded the statute of limitations. Replication, that the cause of action accrued within six years; on which issue was joined to the court. The cause was tried, on this issue, at New-Haven, adjourned term in October, 1832, before Daggett, 3. It was admitted, that the last article in the plaintiffs’ account was delivered in April, 1825 ; and that more than six years had elapsed between the…
1Opinion of the Court
Daggett, Ch. J.
The acknowledgment of Bostwick, one of the two defendants, was sufficient evidence against him ; and there being nothing else in the case, this wmuld doubtless remove the bar created by the statute of limitations, and render him liable. Gilbert, the other defendant, and the co-partner with Bostwick,contended on the trial, that the acknowledgment of Bostwick, under the circumstances of his bankruptcy and the co-partnership being dissolved, laid no foundation for a new promise, which, it was insisted, must be proved, to warrant a recovery. He further contended, that his own dc…
2Cases cited5 opinions
- Coit v. TracySupreme Court of Connecticut · 1830
- Bound v. LathropSupreme Court of Connecticut · 1822
- Lord v. ShalerSupreme Court of Connecticut · 1819
- De Forest v. HuntSupreme Court of Connecticut · 1830
- Marshall v. DalliberSupreme Court of Connecticut · 1825