¶1It is said that the defendant will not be able to recover from his grantor beyond six years interest on his covenant of warranty, and that therefore this case should form an exception to the general rule which governs in these cases. We do not think so. The rule is uniform, that if a party neglects to plead the statute of limitations, he loses his plea. The statute of limitations is a strict defence, and if the party lets it slip, the court will not relieve him. The motion is denied, with costs.
2 Wend. 294
Jackson v. Varick
Decided May 15, 1829
New York Supreme Court · decided 1829-05-15
■ , . r tions. The action is trespass for mesne profits, commenced ™ MaJ vacation, 1827, demise laid 3d August, 1819. The defendant pleaded the general issue alone, and now applied for leave to add a plea of the statute of limitations, on an excuse offored by the attorney .in the cause that he had been advised by counsel to put in such plea, without regard to the , „ , . . . 1 , , . plea oí the statute of limitations.
Good law ✅— No negative treatment on recordhow we know
Decided 1829-05-15
How this case has been cited
Cited by 8 later decisions — most recently January 1949
1 district · 7 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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