Shoemaker v. . Benedict
New York Court of Appeals
Appeal from a judgment of the supreme court. The action in the court below was by Shoemaker against Thomas A. Paine, Thomas Paine and Chester Paine. Chester Paine only answered. He set up the statute of limitations. The action was upon a promissory note in the following words: “ By the first day of February next, we or either of us promise to pay James Norton, or bearer, three hundred and twenty-two dollars and sixty-six cents, with use, for value received.
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Appeal from a judgment of the supreme court. The action in the court below was by Shoemaker against Thomas A. Paine, Thomas Paine and Chester Paine. Chester Paine only answered. He set up the statute of limitations. The action was upon a promissory note in the following words: “ By the first day of February next, we or either of us promise to pay James Norton, or bearer, three hundred and twenty-two dollars and sixty-six cents, with use, for value received. Paine’s Hollow, March 30,1838. Thomas A. Paine, Thomas Paine, Chester Paine.” There were five indorsements on the back of the note, as…
1Opinion of the CourtAllen, J.
The plaintiff in this action relies upon payments by one of several makers of a promissory note, made before the statute of limitations had barred an action upon it, to take the case out of the statute as to all the makers, and continue the joint liability of all for six years from the time of the last of such payments.
Before the decision of Van Keuren v. Parmelee, (2 Comst. 523,) it would have been considered very well settled upon authority that such payments did operate to prevent the statute of limitations from attaching to the demand; that by the joint contract, there was a unity of…
2Cases cited9 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Sands v. GelstonNew York Supreme Court · 1818
- Dean v. HewitNew York Supreme Court · 1830
- Thompson v. PeterSupreme Court of the United States · 1827
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3Cited by29 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- Kerper v. WoodOhio Supreme Court · 1891
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Steele v. SouderSupreme Court of Kansas · 1878
- Willoughby v. IrishSupreme Court of Minnesota · 1886
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