Purdy v. Austin
New York Supreme Court
Error from the Yew-York common pleas. Austin sued Purdy in the common pleas to recover for work, labor and services performed by the plaintiff as a cartman for the plain-■re 7 7 .7 7 , 1 t pi titt, a house-builaer, or contractor tor the buildmg 01 houses, &c. The declaration besides the count for work, &c. con- . ’ tamed the usual money counts. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied a new promise.
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Error from the Yew-York common pleas. Austin sued Purdy in the common pleas to recover for work, labor and services performed by the plaintiff as a cartman for the plain-■re 7 7 .7 7 , 1 t pi titt, a house-builaer, or contractor tor the buildmg 01 houses, &c. The declaration besides the count for work, &c. con- . ’ tamed the usual money counts. The defendant pleaded the general issue and the statute of limitations. The plaintiff replied a new promise. The cause was referred, the bill of particulars or items containing 150 folios. A report was made by the referees in favor of the plaintiff for…
1Opinion of the Court
By the Court,
Marcy, J.
The statement- of the referees was regarded by the court below" as exhibiting the facts, proved on the hearing. By this statement no other question raised in the cause is presented but that which relates to the statute of limitations.
*189This statute has been looked upon in times past With disfavor by the courts in England, and their example has been too generally followed in this country. Construction formerly went far towards depriving defendants of all the benefits designed for them by it. A different and better view of this salutary statute has been since taken, and a…
2Cases cited2 opinions
- Wetzell v. BussardSupreme Court of the United States · 1826
- Sands v. GelstonNew York Supreme Court · 1818
3Cited by21 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Soulden v. Van RensselaerNew York Supreme Court · 1832
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
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