Stafford v. Richardson
Court for the Trial of Impeachments and Correction of Errors
This was'an action of assumpsit, brought to recover the amount of a demand of about $450 against S.. I. Genung, placed by the plaintiff and his' partners, in 1814, in the bands - of the .defendant, an attorney at law, for collection. This suit was commenced in. 1831. The defendant pleaded the general issue and the statute of limitations. The cause was heard before referees.
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This was'an action of assumpsit, brought to recover the amount of a demand of about $450 against S.. I. Genung, placed by the plaintiff and his' partners, in 1814, in the bands - of the .defendant, an attorney at law, for collection. This suit was commenced in. 1831. The defendant pleaded the general issue and the statute of limitations. The cause was heard before referees. In November, 1814, the defendant wrote to the plaintiffs that be thought he would secure the demand agai.nst Genung without fail, and'hoped to be able to forward a part of it in a short time; and on the 27th of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Two principal questions arise in this case; 1. At what time did the plaintiff’s cause of action accrue? and 2. If it accrued more than six years before suit brought, was there a new promise to .pay, or a sufficient recognition of an existing indebtedness from which to presume a promise ? According to the case of Beardsley v. Root, 11 Johns. R. 464, the defendant had received money for the plaintiff when he had received the harness, or money’s worth, and discharged the plaintiff’s demand against Genung. It does not appear that the defendant had any special authority…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Taylor v. BatesNew York Supreme Court · 1826
3Cited by1 opinion
- Paff v. KinneyNew York Surrogate's Court · 1849