On appeal from the Supreme Court.
For the appellant, Bernard Mindes.
For the respondent, Lionel P. Kristeller.
The opinion of the court was delivered by
PARKER, J. The question in this case arises under the statute of limitations as applicable to a promissory note which did not fall due until after the payee died, in view of the fact that no administration of the payee's estate was taken out for some ten years after his death. The trial court granted a nonsuit on the ground that the statute of limitations began to run at the date of maturity of the note. The exact dates are as follows:
The note, to order of Joseph Valente, bears date April 1st, 1913, payable at one year.
Valente died intestate March 5th, 1914, leaving his widow, the plaintiff, and children.
The note fell due April 1st, 1914.
On the back are endorsed two so-called "renewals," each for one year, dated June 24th, 1914, and July 22d, 1915, which need no special consideration.
Administration of Valente's estate was granted to his widow in the State of New York, January 16th, 1924, and shortly thereafter an exemplified copy of the letters was filed in the office of the register of the Prerogative Court, as provided by the act of 1896, page 173. Comp. Stat., p. 2265, pl. 21.
This action was begun June 14th, 1927, or some thirteen years after the due date of the note, and nearly eleven years after the expiration of the second so-called renewal, if that had any efficacy, which is doubtful, to say the least.
The first section of our statute of limitations (Comp. Stat., p. 3162) provides, in part, that "all actions of debt, founded upon any lending or contract without specialty * * * and all actions of account and upon the case" (with exceptions not relevant here) "shall be commenced and sued within six years ...