Allen v. Webster
New York Supreme Court
Error from the Washington common pleas. This was an action of assumpsit, on a promissory note given by Allen to Catharine Becker previous to her marriage with James Webster, for $95, with interest, dated 9th September, 1813, payable 5 days after date. The suit,was commenced in the Washington common pleas in March, 1830, and the defendant pleaded the statute of limitations. The cause was heard before referees.
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Error from the Washington common pleas. This was an action of assumpsit, on a promissory note given by Allen to Catharine Becker previous to her marriage with James Webster, for $95, with interest, dated 9th September, 1813, payable 5 days after date. The suit,was commenced in the Washington common pleas in March, 1830, and the defendant pleaded the statute of limitations. The cause was heard before referees. To avoid the effect of the plea of the statute of limitations, a witness for the plaintiffs testified that he, as the agent of the plaintiffs, called upon the defendant in March, 1829,…
1Opinion of the Court
By the Court,
Savage, C. J.
The only point excepted to before the referees, was their decision that the evidence was sufficient to take the case out of the statute of limitations; and this was the only point decided by the court of common pleas, as appears by the record, and also by the written opinion of the first judge of that court. Of course no question of evidence can be raised here which was not raised and decided' in the court below.
It has often been remarked that the decisions of courts upon the kind of promise necessary to revive a.debt barred by the statute of limitations have been…
2Cases cited6 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Dean v. HewitNew York Supreme Court · 1830
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Purdy v. AustinNew York Supreme Court · 1829
- Soulden v. Van RensselaerNew York Supreme Court · 1832
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3Cited by14 opinions
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Henry v. . RootNew York Court of Appeals · 1865
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Burton v. StevensSupreme Court of Vermont · 1852
- McNear v. RobersonIndiana Court of Appeals · 1895
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