Harper v. . Fairley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are stated sufficiently in the opinion. The court erred in holding that the payments on the Dennison note would take the note in suit out of the statute of limitations.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are stated sufficiently in the opinion. The court erred in holding that the payments on the Dennison note would take the note in suit out of the statute of limitations. (Sands v. Gilston, 15 J. R., 511; Stafford v. Richardson, 15 Wend., 302; Van Keuren v. Parmerlee, 2 Cormst., 523 ; Shoemaker v. Benedict, 1 Kern., 176.) No new promise can be inferred from the act of one intrusted with funds, or…
1Opinion of the CourtRapallo, J.
This action was commenced in J une, 1869, by Thomas Wood, plaintiff’s intestate, against Hugh E. Fairley and James M. Fairley, to recover a balance alleged to be due upon a joint and several promissory note for $293 made by them, payable to Wood or bearer one year after date, with use. The note was dated March 31, 1853, sixteen years before the commencement of this action. The defendants interposed the defence of the statute of limitations. The court below sustained the defence as to the defendant, J ames M. Fairley, and no question now arises in respect to his lia bility. As to the…
2Cases cited7 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Winchell v. . HicksNew York Court of Appeals · 1859
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
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3Cited by58 opinions
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- Murdock v. . WatermanNew York Court of Appeals · 1895
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
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