Dean v. Pitts

Decided January 15, 1813

New York Supreme Court · decided 1813-01-15

THIS was ail action of assumpsit, brought on two promissory notes made by the defendant and Sylvester Richmond, dated 5th November, 1793. The defendant pleaded non assumpit and the statute of limitations. .... On the trial, at the Rensselaer circuit, in 1811, it was proved, that about two years before, the defendant was shown the notes ánd called upon for payment.

Good law ✅— No negative treatment on recordhow we know

Decided 1813-01-15

How this case has been cited

Cited by 5 later decisions — most recently July 1877

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The defendant admits the debt, and does not pretend he had paid it, hut supposed his partner Richmond had paid it, and he takes upon himself the'burden of proving it, for he said he thought he could make that appear. This was sufficient to take the case out of the statute, and to cast upon the defendant the necessity of proving payment; and though the court might have been induced to have looked with a very indulgent eye upon the proof of the payment which might have been produced, yet here ?!one was attempted to be produced. í

¶2Motion denied.