Shaw v. Lambert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Lambert,- from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk'of the county of New York on the 18th day of May, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of May, 1896, denying the defendant’s-motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J. :
The sole question presented in this case is whether a letter written by the defendant to the plaintiff, dated November 19,1894, was evidence -of “ an acknowledgment or promise ” sufficient to take the-case out of the -operation of the Statute of Limitations.
The action was brought to recover ¡upon three promissory notes,, two of the said notes being dated June, 1881, and the other dated November, 1881, all of which were payable within four months of their date. It is conceded that these notes were barred by the Statute of Limitations, the action having been commenced in 1894,…
2Cases cited2 opinions
- Sands v. GelstonNew York Supreme Court · 1818
- Mosher v. HubbardNew York Supreme Court · 1816
3Cited by12 opinions
- Wright v. ParmenterAppellate Terms of the Supreme Court of New York · 1898
- Fletcher v. DanielsAppellate Division of the Supreme Court of the State of New York · 1900
- Big Diamond Milling Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919
- Kahn v. CrawfordAppellate Terms of the Supreme Court of New York · 1899
- Benedict v. SlocumAppellate Division of the Supreme Court of the State of New York · 1904
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