Brush v. . Barrett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, which affirmed an order of Special Term, setting aside a verdict in favor of plaintiff, and granting a new trial. This action was brought upon a check drawn by defendant, dated April 1, 1865. The defense was the statute of limitations. The check was not presented to the bank for payment until April 1, 1875, when payment was demanded and refused.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, which affirmed an order of Special Term, setting aside a verdict in favor of plaintiff, and granting a new trial. This action was brought upon a check drawn by defendant, dated April 1, 1865. The defense was the statute of limitations. The check was not presented to the bank for payment until April 1, 1875, when payment was demanded and refused. At the time the check was drawn, and for more than six years thereafter, defendant had no funds in the bank with which to meet it. The plaintiff’s action…
1Opinion of the CourtMiller, J.
This case involves the question whether the statute of limitations is a defense to a check which, for some unexplained reason, has not been presented for payment and payment demanded and refused until ten years after its date. Upon the trial evidence was introduced tending to show that the defendant, the maker, had no funds on deposit in the bank subject to the payment of the check at the time of its date, or at any other time during the period of six years thereafter. At the close of the testimony upon the trial a nonsuit was asked, upon the ground, among others, that there being no funds,…
2Cases cited2 opinions
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Healy v. GilmanThe Superior Court of New York City · 1857
3Cited by7 opinions
- Darby v. DarbySupreme Court of Louisiana · 1908
- Scroggin v. McClellandNebraska Supreme Court · 1893
- Grant v. MacNuttNew York Court of Common Pleas · 1895
- Dolon v. DavidsonNew York Supreme Court · 1896
- Donlon v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1896
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