Johnson v. Beardslee
New York Supreme Court
THIS was an action of assumpsit, to the declaration in which the defendants pleaded non assumpsit, and the statute of limitations, and the plaintiff replied, taking issue on the latter plea. The suit was commenced in August term, 1814, and the parties, without going to trial, made a case for the . . .i . opinion of the court, which was submitted without argumenu.
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THIS was an action of assumpsit, to the declaration in which the defendants pleaded non assumpsit, and the statute of limitations, and the plaintiff replied, taking issue on the latter plea. The suit was commenced in August term, 1814, and the parties, without going to trial, made a case for the . . .i . opinion of the court, which was submitted without argumenu. In the summer of 1805, the plaintiff’s demand was placed in the hands of one Pumpelly, with whom it was liquidated by John Beardslee, the testator, and the balance struck, The testator died in 1806. After his death, and within six…
1Per curiam
The demand of the plaintiff was liquid ^¡¿¡j John Beardslee, in 1805, and he died in 1806 j consequently, before the statute of limitations had attach-? ed on the debt. Within six years before this s.uit was brought, two of the defendants, and who were also executors of John Beardslee, admitted the demand, and promisepayment.. Whether the new promise revives the old debt, or oan he enforced as a new promise, upon a valid consideration, is immaterial to be discussed here. On a review of all the cases, (Danforth v. Culver, 11 Johns. Rep. 146.) we were of opinion, that the acknowledgment of the…
2Cited by18 opinions
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Stone v. WoodNew York Supreme Court · 1827
- Lane v. DotyNew York Supreme Court · 1848
- Sutherlin v. RobertsOregon Supreme Court · 1873
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