Morrow v. Morrow
New York Supreme Court
Appeal from a judgment in favor of tlie defendants, entered upon the report of a referee. The action was brought to recover the amount of four promissory notes made by the defendant Robert H. Morrow to Samuel Morrow in 1870. Albert T. Morrow, one of the executors, having refused to be a party plaintiff was made a party defendant herein. Robert H. Morrow set up, among other defenses, that of the statute of limitations.
1Opinion of the Court
Barnard, P. J.:
It is now well settled that in order to take a case out of the statute of limitations there must be a new promise — a new contract. It need not be express. An absolute acknowledgment of the existence of a debt is sufficient from which to infer a promise to pay. The facts in this case are brief: In 1870, Robert H. Morrow borrowed of his father Samuel H. Morrow $4,820, for which he gave his father four notes payable on demand. On the 23d December, 1876, Samuel H. Morrow died, leaving a will. The plaintiff and the two defendants, being testator’s three sons, were appointed…
2Cases cited2 opinions
- Sands v. GelstonNew York Supreme Court · 1818
- Bryar v. WillcocksNew York Supreme Court · 1824