Shapley v. . Abbott
New York Court of Appeals
Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment of the Madison County Court, by which the judgment rendered in a Justice’s Court, on a verdict in favor of the plaintiff, was reversed. This action was commenced in Justice’s Court, upon a due bill, dated February 17th, 1853. The defence was the statute of limitations.
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Appeal from a judgment entered upon the decision of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment of the Madison County Court, by which the judgment rendered in a Justice’s Court, on a verdict in favor of the plaintiff, was reversed. This action was commenced in Justice’s Court, upon a due bill, dated February 17th, 1853. The defence was the statute of limitations. The action was not commeneed until more than six years after the cause of action accrued. There had been no payment, nor promise in writing, whereby the same was taken out of the…
1Concurrence
Assume that the appellant's promise, agreement or statement, whichever you choose to call it, that he would not plead the statute of limitations, might have been regarded as an express promise to pay the debt, or as an acknowledgment of the debt as subsisting, from which a promise to pay might have been implied before the Code; or assuming that, had such promise, agreement or statement been in writing, it would have been sufficient evidence of a new or continuing contract, within section 110 of the Code; that the respondent cannot use the promise, agreement or statement as an estoppel, or by…
2Cases cited4 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Kneettle v. NewcombNew York Supreme Court · 1857