Bush v. Barnard

Decided October 15, 1811

New York Supreme Court · decided 1811-10-15

THIS was an action of assumpsit, on two promissory notes, made by the defendant, dated at Boylston, in the state of Massachusetts, the 1st March, 1794, each for 20 7 7 7 pounds, the one payable on demand, the other in six * ’ r J years. The defendant pleaded the general issue, and , r ,. . . the statute or limitations. The cause was tried before Mr. justice Van Ness, at the Oneida circuit, in June last.

Cited by 2 later decisions — most recently December 1890

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1811-10-15

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Per Curiam.

¶1The promise which was offered to be proved was a conditional promise ; and the plaintiff was ' bound to show that he had offered, and was ready to accept, the specific articles. In the case of Davis v. Smith, (4 Esp. N. P. Cases, 36.) it was ruled that a promise to pay a debt, barred by the statute of limitations, when able, was a conditional promise, and the plaintiff ivas bound to show that the defendant was of sufficient ability to pay the debt. This case comes within the principle of that decision, and the court deny the motion on that ground, without' touching the point raised at the trial.

¶2Motion denied.