Pickett v. King
New York Supreme Court
APPEAL by the plaintiff from a judgment entered upon the -report of a referee. The action was brought against the defendant as survivor of himself and Hosea King, deceased, upon a note given by them as copartners, and payable one day after date, dated October 9th, 1852. The action was commenced October 16th, 1858. On the 13th day of October, 1858, six years had elapsed from the time the cause of action accrued.
Read the full summary
APPEAL by the plaintiff from a judgment entered upon the -report of a referee. The action was brought against the defendant as survivor of himself and Hosea King, deceased, upon a note given by them as copartners, and payable one day after date, dated October 9th, 1852. The action was commenced October 16th, 1858. On the 13th day of October, 1858, six years had elapsed from the time the cause of action accrued. On the 11th day of October, 1852, the maker of the note made a general assignment of his property in trust for creditors to Cullen Foster and J. T. Mackenzie. This assignment, after…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The numerous and* multifarious decisions in this country and in England upon the statute of limitations demonstrates the folly of departing from the original simplicity of the statute, to favor cases of supposed or real hardship. The original statute of J ames 1st, chap. 165, which has been adopted in all the American states, provides in explicit language, (§ 3,) that “all actions of trespass, detinue, of account, and upon the case, and all actions of debt or contract without specialty, &c., shall be commenced and sued within six years next after the cause of…
2Cases cited3 opinions
- Sands v. GelstonNew York Supreme Court · 1818
- Stafford v. RichardsonNew York Supreme Court · 1836
- Barger v. DurvinNew York Supreme Court · 1856
3Cited by15 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Battle v. . BattleSupreme Court of North Carolina · 1895
- Letson v. KenyonSupreme Court of Kansas · 1884
- Whitney, Clark & Co. v. ChambersNebraska Supreme Court · 1885
- Ahlo v. Tai LungHawaii Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.