Benjamin v. De Groot
Court for the Trial of Impeachments and Correction of Errors
Demurrer to replications. The declaration is in assumpsit, and the first four counts are the indebitatus assumpsit and quantum meruit counts for labor, money lent, paid, laid out and expended, and had and received, and on an account stated, all the transactions being stated to have been had with the testator in his lifetime, and the promises are alleged to have been made by him. The defendant’s third plea is non-assumpsit infra sex ánnos to these four counts.
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Demurrer to replications. The declaration is in assumpsit, and the first four counts are the indebitatus assumpsit and quantum meruit counts for labor, money lent, paid, laid out and expended, and had and received, and on an account stated, all the transactions being stated to have been had with the testator in his lifetime, and the promises are alleged to have been made by him. The defendant’s third plea is non-assumpsit infra sex ánnos to these four counts. The plaintiff, by leave of the court, replied double; (1) That the testator, before and at the time when the promises in these counts…
1Opinion of the Court
By the Court, Jewett, J.
The several causes of action set forth in the first, second, third and fourth counts of the declaration, are of that class, which by the statute of limitations (2 R. S. 295, § 18) are barred, unless the action is commenced within six years next after the making of the promises. The plea, therefore, is appropriate to raise that defence. By the provisions of the statute, (2 R. S. 448, § 8,) the term of eighteen months after the death of any testator or intestate, shall not be deemed any part of the time limited by law for the commencement of actions against executors or…
2Cited by11 opinions
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- Nash v. TupperNew York Supreme Court · 1803
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