Randall v. Wilkins
New York Supreme Court
Error to the recorder’s court of the city of Buffalo, where the cause was tried on an appeal from a justice’s court. Randall was the plaintiff and sought to recover the amount of a promissory note for $22,18, made by the defendant, and dated Buffalo, August 28, 1837, payable to Randall & Ramsdell or order, ninety days after date. The plaintiff proved the making of the note and its endorsement by the payees.
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Error to the recorder’s court of the city of Buffalo, where the cause was tried on an appeal from a justice’s court. Randall was the plaintiff and sought to recover the amount of a promissory note for $22,18, made by the defendant, and dated Buffalo, August 28, 1837, payable to Randall & Ramsdell or order, ninety days after date. The plaintiff proved the making of the note and its endorsement by the payees. The defence was the statute of limitations, of which notice had been given under the plea of non-assumpsit. It appeared that the defendant, at the time of making the note, and ever since,…
1Opinion of the Court
By the Court, Jewett, J.
The question to be determined is, whether the court below gave a correct construction of the following provision of the statute of limitations: “If at the time when any cause of action specified in this article, shall accrue against any person, he shall be out of this state, such action may be commenced within the terms herein respectively limited, after the return of such person into this state; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any…
2Cases cited1 opinion
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3Cited by9 opinions
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- Costello v. DownerAppellate Division of the Supreme Court of the State of New York · 1897
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