Denny v. . Smith
New York Court of Appeals
Action commenced in September, 1851, against the defendants as joint makers of a promissory note for $337.50, which became payable January 14, 1842. Smith alone was served with the complaint. The complaint alleges that the defendants were residents of this State at the making of the note, and that Smith departed from this State about the year 1842, and has resided out of the State more than six years.
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Action commenced in September, 1851, against the defendants as joint makers of a promissory note for $337.50, which became payable January 14, 1842. Smith alone was served with the complaint. The complaint alleges that the defendants were residents of this State at the making of the note, and that Smith departed from this State about the year 1842, and has resided out of the State more than six years. Smith answers that though he departed from the State, as alleged, he returned more than six years before the commencement of the action, and that Hull has been a resident of the State more than…
1Opinion of the CourtAllen, J.
It stands admitted by the pleadings in this action, that while the defendant Hull was always a resident of the State, the defendant Smith, after the making of the joint note, departed from and resided out of the State for so long a period that his liability still survives.
The court on the trial denied the motion for nonsuit, on the ground that it was no defence for the defendant Smith, in answer to an allegation that he had resided out of the State so long that his liability on the note was not barred by the statute of limitations, to allege and prove that his .co-defendant had remained…
2Cases cited4 opinions
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brown v. DelafieldCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bruen v. BokeeNew York Supreme Court · 1847
3Cited by17 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Cutler v. . WrightNew York Court of Appeals · 1860
- Robertson v. StuhlmillerSupreme Court of Iowa · 1895
- Pickett v. . LeonardNew York Court of Appeals · 1866
- In Re Application of MathewsCalifornia Supreme Court · 1923
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