Lane v. Doty
New York Supreme Court
This was an action of assumpsit, tried at the Warren county circuit, before the Hon. John Willard, circuit judge, in October, 1846. The suit was brought upon a joint and several promissory note for $300, dated March 27, 1837, payable on the 1st of September then next, to Jonathan Burr or order, and signed by Charles Beadlestone as principal, and by Sidney Berry as surety.
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This was an action of assumpsit, tried at the Warren county circuit, before the Hon. John Willard, circuit judge, in October, 1846. The suit was brought upon a joint and several promissory note for $300, dated March 27, 1837, payable on the 1st of September then next, to Jonathan Burr or order, and signed by Charles Beadlestone as principal, and by Sidney Berry as surety. Berry died on the 1st of April, 1839, and Jonathan Burr died on the 30th Dec. 1844. The suit was commenced on the 7th of March, 1846, against the executors of Berry. The defendants pleaded the statute of limitations, upon…
1Opinion of the Court
By the Court, Paige, J.
The only question in this case is, whether the payment of the interest on the note, on the 7th of March, 1840, by Beadlestone the principal debtor, after the death of Berry the surety, but before the statute of limitations had run against the note, prevented the statute from attaching as against the executors of the surety, until the expiration of six years from such payment. The promise by Beadlestone to pay the balance of the note, when his father had assisted him, was a conditional promise, and is unavailable as a promise, to revive or continue the remedy, even as…
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- Cross v. AllenSupreme Court of the United States · 1891
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