Jackson v. Varick

New York Supreme Court

Jackson v. Varick

2 Wend. 294

CourtNew York Supreme Court

DecidedMay 15, 1829

StatusPublished

Cited by11 cases

This text of 2 Wend. 294 (Jackson v. Varick) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Varick, 2 Wend. 294 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Sutherland, J.

It 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.

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By the Court, Sutherland, J.

It 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.

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Bluebook (online)

2 Wend. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-varick-nysupct-1829.

Opinion

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