Hubbell v. Coudrey — 5 Johns. 132

Majority

p. 132

Hubbell, survivor, &c. against Coudrey.

Headnote

'1 he statute of limitations is a good plea to an action of debt brought here on a judgment in Connecticut. The judgments of courts of other States, are simple contract debts.

THIS was an action of debt. The declaration stated, that at a county court, held at Danbury, in the state of Connecticut, on the third Tuesday of November, 1799, the plaintiff as survivor of, Etc. recovered against the defendant, 1617 dollars and 19 cents, of debt, and 14 dollars and 50 cents, of costs, as by the record thereof appears, and that the judgment remained in full force, See, whereby an action had accrued, Etc.

The defendant pleaded,

1. Nil debet.

2. That the action did not accrue within six years,r next before, Etc.

There was a general demurrer and joinder, as to these cond plea, which was submitted to the court, without argument,

The statute of limitations may be plead- . ■ed to all actions of debt, upon simple contract; and the judgment upon which the suit is brought, cannot, according to the settled doctrine in this court, be viewed in any higher light. In Walker v. Witter, (Doug. 1.) it was held, that an action of debt or assumpsit, would lie upon a foreign judgment; and Lord Mansfield observed, in that case, that a judgment was not a specialty, but the debt only a simple contract debt. In Duplein v. De Rover, (2 Vern. 540.) the very point arose. The statute of limitations was pleaded to a suit in chancery, on a judgment, in France; and Lord Chief Justice Cozvper admitted the plea, and said that a judgment in France must be considered in England, as a debt by simple contract. The demurrer is therefore not well taken, but the plaintiff, according to his prayer, may have leave to withdraw it stud reply, upon payment of costs.

Judgment for the defendant.