Watkins v. Stevens
New York Supreme Court
Motion to set aside a report of referees. The action was assumpsit. The defendant pleaded the general issue, and the statute of limitations. The plaintiffs replied generally. On the trial before the referees, the plaintiffs produced in evidence a promissory note, dated Kingston, March 20, 1837, by which the defendant, ninety days after date, promised to pay the plaintiffs or order, ninety-three pounds five shillings Halifax currency, for value received, &c.
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Motion to set aside a report of referees. The action was assumpsit. The defendant pleaded the general issue, and the statute of limitations. The plaintiffs replied generally. On the trial before the referees, the plaintiffs produced in evidence a promissory note, dated Kingston, March 20, 1837, by which the defendant, ninety days after date, promised to pay the plaintiffs or order, ninety-three pounds five shillings Halifax currency, for value received, &c. The execution of the note was proved. And the plaintiff called Albert L. Smith as a witness, who testified that he knew that the…
1Opinion of the Court
By the Court, Paige, J.
The following questions were raised on the argument of this cause, viz. 1. Whether the defendant’s promise to pay the note was absolute, or conditional; 2. If conditional, whether it should not have been specially replied ; 3. Whether the promise, as proved, ivas sufficient to take the note out of the statute of limitations ; and if conditional, whether it was available for this purpose, without showing the performance of the condition ; 4. Whether the plaintiffs could avail themselves of the promise, in this case, it not having been made either to them, or their agent.
T…
2Cases cited14 opinions
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3Cited by16 opinions
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