Fair v. Mevey
New York Supreme Court
• Action by J. M. Fair against E. C. Mevey. Heard on motion to dismiss the complaint because it showed on its face that limitations had run against plaintiff’s cause of action, and that the promise was on condition to pay when able, and the complaint failed to show defendant’s ability to pay.
1Opinion of the Court
(HLDERSLEEVE, J. (orally).
The bar of the statute of limitations has not intervened in this action. The parties, having adjusted the account between them, agreed upon a balance, and, the defendant having given a written acknowledgment and promise to pay, this constitutes a new promise to pay, and the statute of limitations did not begin to run until a right of action accrued upon the new promise. Six years not having elapsed from the date of the execution of the written promise to pay before suit "was commenced, the statutory bar has not intervened.
_ As to the second branch of the motion, for…
2Cases cited2 opinions
- Work v. BeachNew York Supreme Court · 1889
- Robbins v. DowneyNew York Court of Common Pleas · 1892