Ruggles v. Keeler
New York Supreme Court
THIS case came before the court on the return to a writ of error to the Dutchess common pleas. Keeler declared against Ruggles in the court below, on a promissory note • given by Ruggles to Keeler, for 84 dollars and 34 cents, payable on demand, and dated the 4th April, 1803. Ihere were also counts for money lent, money paid, and money had and received to the use of the plaintiff, The defendant pleaded non-assumpsit, with notice that he would give in evidence that the note…
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THIS case came before the court on the return to a writ of error to the Dutchess common pleas. Keeler declared against Ruggles in the court below, on a promissory note • given by Ruggles to Keeler, for 84 dollars and 34 cents, payable on demand, and dated the 4th April, 1803. Ihere were also counts for money lent, money paid, and money had and received to the use of the plaintiff, The defendant pleaded non-assumpsit, with notice that he would give in evidence that the note was, on the 28th March, 1806, assigned to one Walker Lewis, and that the said Walker Lexvis was indebted to the defendant…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the coürt. This case presents an important question arising under the rules of prescription which prevail in the different states.' An inhabitant of Connecticut sues here upon a promissory note, and a demand arising between the parties, while they were respectively inhabitants of Connecticut, is now offered by way of set-off, This demand is objected to, as barred by the statute of limitations of Connecticut, as Well as of this state.
The first question which naturally arises is, whether the act of limitations of this state can be interposed in bar to the…
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