Stafford v. Richardson
New York Supreme Court
This was an action of assumpsit, brought to recover the amount of a demand of about $450 against S. I. Genung, placed by the plaintiff and his partners, in 1814, in the hands of the defendant, an attorney at law, for collection. This suit i was commenced in 1831. The defendant pleaded the general issue and the statute of limitations. The cause ivas heard,, before referees.
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This was an action of assumpsit, brought to recover the amount of a demand of about $450 against S. I. Genung, placed by the plaintiff and his partners, in 1814, in the hands of the defendant, an attorney at law, for collection. This suit i was commenced in 1831. The defendant pleaded the general issue and the statute of limitations. The cause ivas heard,, before referees. In November,! 814, the defendant wrote to the plaintiffs that he thought he would secure the demand against Genung without fail, and hoped to be able to forward a part of it in a short time ; and on the 27th of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Two principal questions arise in this case ; I. At what time did the plaintiff’s cause of action accrue ? and, 2. If it accrued mofe than six years before suit brought, was there a new promise to pay, or a sufficient recognition of an existing indebtedness from which to presume a promise ? According to the case of Beardsley v. Root, 11 Johns. R. 464, the defendant had received money for the plaintiff when he had received the harness, or money’s worth, and discharged the plaintiff’s demand against Genung. It does not appear that the defendant had any special…
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- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Pickett v. KingNew York Supreme Court · 1861
- Laidley v. SmithWest Virginia Supreme Court · 1889
- Waterman v. BrownSupreme Court of Pennsylvania · 1858
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