New York Court of Appeals

James Harper v. Hugh E. Fairley, Appellant

September 23, 187353 N.Y. 442

Summary

The New York Court of Appeals reversed the General Term's judgment, holding that a part payment made by a third party without the debtor's authority does not revive a claim barred by the statute of limitations. Accordingly, the jury instruction that such a payment extended the limitations period was erroneous, and a new trial was ordered.