Camp v. . Smith
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 at the March term, 1892, which affirmed a judgment in favor of defendants entered upon a verdict directed by the court, and also an order denying a motion for a new trial. This action was brought to recover the amount of four promissory notes made by the defendants and payable to Mary Etta Camp, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the March term, 1892, which affirmed a judgment in favor of defendants entered upon a verdict directed by the court, and also an order denying a motion for a new trial. This action was brought to recover the amount of four promissory notes made by the defendants and payable to Mary Etta Camp, plaintiff’s intestate. The notes were all payable in one year after their respective dates. They were respectively dated December 9,1875, June 5,1877, July 28,1877, and March…
1Opinion of the Court
Earl, Ch. J.
The notes set forth in the complaint as the. plaintiff’s canses of action appear upon their face to have been barred by the Statute of Limitations long before the commencement of this action. The plaintiff sought to save his causes of action from the bar of the statute in no other way than by payments alleged to have been made thereon by the defendant James W. Smith. In his complaint he alleges certain payments, but he does not allege that they were made upon the notes, or that they were made by the firm composed of the defendants, or that they were made on behalf of the firm or…
2Cases cited5 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Bank of California v. . WebbNew York Court of Appeals · 1884
- Camp v. SmithNew York Supreme Court · 1888
- Van Rensselaer's Executors v. RobertsNew York Supreme Court · 1848
- Livermore v. ClaridgeSupreme Judicial Court of Maine · 1851
3Cited by12 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Beyer Bros. of Long Island Corp. v. KowalevichAppellate Division of the Supreme Court of the State of New York · 1982
- Lindlots Realty Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1937
- Ramsden v. GatelyU.S. Circuit Court for the District of Southern New York · 1906
- Belmont v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
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