Danforth v. Culver
New York Supreme Court
THIS was an action of assumpsit, tried at the last Onondaga circuit, before Mr. Justice Thompson. The declaration contained a count on a promissory note made by the defendant to phhntiff, dated the 18th September, 1804, for thirty dollars, payable in one year from the date, with interest.
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THIS was an action of assumpsit, tried at the last Onondaga circuit, before Mr. Justice Thompson. The declaration contained a count on a promissory note made by the defendant to phhntiff, dated the 18th September, 1804, for thirty dollars, payable in one year from the date, with interest. There was a^s0 a count on a note or memorandum in writing, dated May by which the defendant promised to pay the plaintiff twenty-five dollars in cattle, at cash price, on the 1st day of Oc7 , „„ , , . tober then next. 1 here were also the usual money counts. The defendant pleaded non assumpsit, with notice,…
1Per curiam
The evidence to take this casé out of the statpte is, that the defendant, when the notes were shown to him, « admitted that he exeeuted them, but observed that they were outlawed, and that he meant to avail himself of the statute of limitations.” Even if we were to admit the authority of all the adjudged cases oil the point, in the English courts, we should not think this to be such ah acknowledgment of the debt as would authorize the jury to presume a new promise. It was for a long time held, in England, that an acknowledgment of a debt, without a promise to pay, was not enough to deprive…
2Cases cited1 opinion
- Jones v. MooreSupreme Court of Pennsylvania · 1813
3Cited by13 opinions
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Eyck v. WingMichigan Supreme Court · 1848
- Nelson v. BeckerNebraska Supreme Court · 1891
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