[Download] "John v. Wilcox and Thomas Wilcox v. the Executors of Kemp Plummer" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: John v. Wilcox and Thomas Wilcox v. the Executors of Kemp Plummer
- Author : United States Supreme Court
- Release Date : January 01, 1830
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Mr Webster for the defendant. The question is, whether the statute of limitations was not a sufficient bar to both counts in the declaration?To consider them separately. The first count alleges, that no suit was brought against the indorser, until he was discharged by the act of limitations; which was on the 9th of November 1822. Mr Plummer received this note for collection on the 28th of January 1820. He sued the drawer of the note, and had judgment in August 1820; but obtained no satisfaction, the drawer having failed. According to the allegations on this count, he then delayed more than two years before he took any steps against the indorser. This was negligence clear and actionable. He should have used all reasonable diligence, and as soon as he intermitted that diligence, he was liable to an action for neglect. The cause of action against him is, his omitting to sue the indorser so soon as he ought to have sued him; and the true question is, when did this cause of action arise?
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