New York Supreme Court, 1829

Jackson v. Varick

Jackson v. Varick
New York Supreme Court · Decided May 15, 1829 · Sutherland
2 Wend. 294

Counsel

S. A. Foot, for the defendant,, D. B. Tallmadge, contra.

Jackson v. Varick

Opinion of the Court

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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