Cotton W. Bean, Respondent v. Laurent J. Tonnele, Appellant

Summary

The New York Court of Appeals reversed the judgment, holding that the statute of limitations did not bar the action because the defendant became a New York resident within six years before suit, and that a presumption of payment arising after twenty years may be fortified or rebutted by evidence of the plaintiff’s indigent circumstances, which the trial court improperly excluded. Accordingly, a new trial was ordered.