Daniel B. Shapley, Respondent v. Samuel S. Abbott, Appellant

Summary

The New York Court of Appeals held that an oral promise not to plead the statute of limitations cannot save a six‑year‑old promissory note from the operation of the statute; such a promise lacks the required writing under section 110 of the Code, provides no consideration, and does not satisfy the requirements for equitable estoppel in pais. Accordingly, the judgment of the General Term reversing the County Court was reversed and the County Court judgment affirmed. Justice 030concurrence concurred with the reversal, emphasizing that the oral promise could not be treated as an estoppel.