8 How. Pr. 491 | N.Y. Sup. Ct. | 1853
The answer tenders no issue upon the time of the defendant’s promise and undertaking, or the accruing of the plaintiff’s cause of action, and none is formed by the pleadings.
The due bill or note took effect from the time of its delivery, and the cause of action then accrued. The time when it was made is wholly immaterial, and if the fact is to be regarded as in issue, the issue is immaterial. Swift agt. Vaughn, (6 Hill, 488.) It is obvious enough that thjs action was not commenced until after the expiration of six years, from the date of the
Judgment ordered for plaintiff.