Van Alen v. Feltz
New York Supreme Court
Appeal from a judgment. The cause was tried at the Columbia circuit in September, 1857, before Justice Deadatus Wright, without a jury, who, after consideration, gave judgment for the defendant, from which judgment this appeal was taken by the plaintiff. The question arose upon the statute of limitations.. The Messrs.
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Appeal from a judgment. The cause was tried at the Columbia circuit in September, 1857, before Justice Deadatus Wright, without a jury, who, after consideration, gave judgment for the defendant, from which judgment this appeal was taken by the plaintiff. The question arose upon the statute of limitations.. The Messrs. Bnlldey (attorneys and counsellors at law), on the 18th of April, 1846, recovered a judgment against the defendant before a justice of the peace igr $101.15, and also another judgment for $76.15; and on the Slst day of March, 1856, assigned them to the plaintiff in this action,…
1Opinion of the Court
By the Court.*—Hogeboom, J.
By section 110 of the Code, as read in connection with section,73, it is provided that no acknowledgment or promise shall be sufficient evidence of a new or continuing .contract, whereby to take a case out of the operation of the statute of limitations, unless the same be contained in some writing signed by the party to be charged thereby ; but that this provision shall not extend to actions commenced, or to cases where the right of action had accrued when the Code took effect (1848); but that the statutes then in force should be applicable to such cases, according…
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- Watkins v. StevensNew York Supreme Court · 1848
- Wadsworth v. ThomasNew York Supreme Court · 1849
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- Winchell & Dunning v. BowmanNew York Supreme Court · 1856
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