New York Court of Appeals

James McMullen, Appellant v. Patrick Rafferty, Respondent

June 30, 188289 N.Y. 456

Summary

The Court of Appeals affirmed the lower court's directed verdict for the defendant, holding that the statute of limitations barred the plaintiff's action on two demand promissory notes filed more than six years after the notes were dated. The Court explained that the cause of action accrued at the date of the notes for both the maker and any guarantor, and that payments made by the principal debtor did not toll the limitations period against the guarantor.