Parker v. . Stroud
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 20, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 31 Hun, 578.) The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 20, 1884, which affirmed a judgment in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 31 Hun, 578.) The nature of the action and the material facts are stated in the opinion. The maker of a demand note is liable thereon without demand; as to him it is a debt due presently, and an action lies against him thereon at once. (Haxtum, v. Bishop, 3 Wend. 13; McMullen v. Rafferty, 89 N. Y. 459.) In order to charge the…
1Opinion of the Court
Huger, Ch. J.
The sole defense in this action, is the statute of limitations, and it, therefore, becomes necessary to determine when it commenced to run upon the cause, stated in the complaint. Section 74 of the Code of Procedure being the law in force at the time the obligation in suit was given, reads as follows : “ Civil actions can only be commenced within the periods prescribed in this title after the cause of action shall have accrued, except,” etc. Section 91, subdivision 1, then prescribes the following limitations : “ Within six years, an action upon a contract, obligation or…
2Cases cited13 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Wheeler v. . WarnerNew York Court of Appeals · 1872
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Merritt v. . ToddNew York Court of Appeals · 1861
- Doubleday v. . KressNew York Court of Appeals · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906
- Gilpin v. . SavageNew York Court of Appeals · 1911
- Field v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
- Wylie v. CotterMassachusetts Supreme Judicial Court · 1898
18 more not listed; retrieve them via the Exa API.