Legal Opinion

Helmer v. Minot

New York Supreme Court

Decided January 18, 1894PublishedCited by 6 opinions

Appeal from circuit court, Monroe county. Action by Josiah H. Helmer against Bartlett Minot. From a judgment in favor of plaintiff after a trial before the court without a jury, defendant appeals.” Affirmed.

1Opinion of the CourtLewis, J.

The plaintiff, at the request of the defendant, and a surety upon the promissory note of the defendant, dated November 21, 1868, due in one year from date. The defendant failed to pay the note at maturity, and the plaintiff was compelled to, and- did, pay the amount of the note to the holder. This action was commenced on the 31st day of October, 1891, to recover the amount paid, with interest. The defense relied upon is the statute of limitations. The evidence tended to •show that the defendant was at the time of making the note, and up till the spring of 1869, a resident of the city of…

2Cases cited1 opinion

  1. Moore v. EasleySupreme Court of Alabama · 1851

3Cited by6 opinions

  1. Banister v. SolomonCourt of Appeals for the Second Circuit · 1942
  2. Haimes v. SchonwitAppellate Division of the Supreme Court of the State of New York · 1945
  3. McAvoy v. Young HarronAppellate Division of the Supreme Court of the State of New York · 1966
  4. Goldberg v. LackshinAppellate Terms of the Supreme Court of New York · 1913
  5. Anagnost v. Silvestri Bros.City of New York Municipal Court · 1940

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