2 E.D. Smith 172 | New York Court of Common Pleas | 1853
The exceptions taken to the admission of testimony were varied upon the argument, and the only point to be considered is whether the action accrued within six years.
There is no finding of facts contained in the case, as required by section 268 of the Code. We cannot, therefore, say whether the judge found that there was an agreement to give a note at eight months or not—though I think that the memorandum of sale, given by the seller and received by the buyer at the time, without obligation and as part of the transaction, warranted that finding—nor whether he found that, after the cause of action accrued, the defendant departed from and resided out of this state for a period which saved the case from the operation of the statute. An affirmative finding of either would warrant the judgment for the plaintiff.
Judgment affirmed.