Olcott v. . the Tioga Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action against a corpo ration created by and existing under the laws of Pennsylvania upon a bill of exchange drawn by it in payment for a locomo tive engine, and protested May 21, 1842. The action wai commenced in 1856, and the defendant, among other defences, set up that the cause of action did not accrue at any time within six years.
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Appeal from the Supreme Court. Action against a corpo ration created by and existing under the laws of Pennsylvania upon a bill of exchange drawn by it in payment for a locomo tive engine, and protested May 21, 1842. The action wai commenced in 1856, and the defendant, among other defences, set up that the cause of action did not accrue at any time within six years. The trial was before a referee, who found the fact that the cause of action did not accrue within six years, and thereupon held the action barred, and nonsuited the plaintiff. The judgment entered upon his report having been…
1Opinion of the CourtDenio, J.
It cannot be doubted but that it was the general object of the statute of limitations to save the remedy of the creditor in all cases where he was prevented from prosecuting the debtor in our courts, in consequence of the absence of the latter from the State. (2 R. S., 295, 297, §§ 18, 27.) That such is its effect in respect to natural persons is conceded. If the debtor, being an individual, resided out of the State when it accrued, no period, however great, will bar the claim while he continues so to reside. There is no apparent reason, in the nature of the case, for discriminating in this…
2Cases cited5 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Benjamin v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1845
- Faulkner v. Delaware & Raritan Canal Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Spraker v. . CookNew York Court of Appeals · 1858
3Cited by54 opinions
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- National Surety Co. v. RuffinNew York Court of Appeals · 1926
- Mack v. MendelsNew York Court of Appeals · 1928
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
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