Harrison v. Schultz

This appeal brings up for review an order dismissing a complaint.

The court at Special Term held that “ The complaint fails to state facts sufficient to constitute a cause of action. On its face it is self evident that the cause is barred by the Statute of Limitations.”

In order to reach a proper conclusion in this case it is necessary to review the facts upon which plaintiff has predicated his cause of' action. In doing so we wish it to be strictly understood that we are dealing solely with allegations and not proofs. We are assuming simply for the purposes of this appeal and no more that the…