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…
1Opinion of the Court
The note bears date February 17, 1853. The plaintiff was sworn on the trial, and the following is his evidence, so far as it is material here: "I had a conversation with defendant in the month of September, 1858; a short time before that I had received a line from defendant, asking me to pay the costs in the Nye matter; they were Abbott Moore's costs; they defended a suit for me; I came up to his office to see him; he was not there; I then went to his house and found him; I told him I came up to settle the matter of those costs, and offered to pay the balance of them after deducting this…
2Cases cited13 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Dean v. HewitNew York Supreme Court · 1830
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Hutchins v. . HebbardNew York Court of Appeals · 1865
- Henry v. . RootNew York Court of Appeals · 1865
8 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- Scheuer v. ScheuerNew York Court of Appeals · 1955
85 more not listed; retrieve them via the Exa API.