Lowry v. Lawrence
New York Supreme Court
ON demurrer. The memorandum was of another term. Be it remembered, that heretofore, to wit, on the third Tuefday of July in July term, in the year of our Lord one thoufand, eight hundred and one, &c. came William Lowry, and brought into the faid court then there, his certain bill, & c.
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ON demurrer. The memorandum was of another term. Be it remembered, that heretofore, to wit, on the third Tuefday of July in July term, in the year of our Lord one thoufand, eight hundred and one, &c. came William Lowry, and brought into the faid court then there, his certain bill, & c. The declaration was on a Bill of Exchange made in 1797, prefented for acceptance on the firlt of Oélober 1801, and refufed, of which notice to the defendant, who, on the 1 ith of Oélober, promifed. To this the defendant demurred, and fhewed for caufe, that although the faid declaration is entitled of the term…
1Per curiam
This cafe comes before the court on demurrer. It was an añion of affumplit, and the declaration captioned of July term 1801. The time laid in the declaration, at which the caufe of añion arofe, is on the 1 ith day of Qñober 1801. To this there is a ipecial demurrer, alleging for caufe, that the añion appears from the declaration to have been commenced before caufe of añion arofe. It is, we take it, well fettled that if the plaintiff at the commencement of his fuit had no caufe of añion a fubfequent right would not maintain his añion. And it has been fettled in this court, in the cafe of…
2Cited by13 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Bird v. CaritatNew York Supreme Court · 1807
- Mason v. BarnardSupreme Court of Missouri · 1865
- Koon v. GreenmanNew York Supreme Court · 1831
- Cheetham v. LewisNew York Supreme Court · 1808
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