Hofferberth v. . Nash
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1907, upon an order reversing a judgment of the Appellate Term which affirmed a- judgment of the City Court of the city of New York entered upon a verdict in favor of the plaintiff directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1907, upon an order reversing a judgment of the Appellate Term which affirmed a- judgment of the City Court of the city of New York entered upon a verdict in favor of the plaintiff directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This action was not barred either by the six years Statute of Limitations or by the ten years Statute of Limitations. (Maples v. Mackey, 89 N. Y. 146; Long v.…
1Opinion of the Court
Willard Bartlett, J..This is an action under section 1937 of the Code of Civil Procedure to charge the property of the defendant with the sum remaining unpaid upon a judgment rendered against him and his joint debtor in a suit in which only the other joint debtor was served with the summons, no service having been made upon this defendant. The judgment in that suit was obtained on March 4th, 1884. The present action was commenced more than eighteen years later, namely, on June 26th, 1902. The defendant pleaded the six years’ and the ten years’ Statute of Limitations. Both the City Court and…
2Cases cited4 opinions
- Long v. . StaffordNew York Court of Appeals · 1886
- Lane v. . SalterNew York Court of Appeals · 1872
- Farrar v. . McCueNew York Court of Appeals · 1882
- Morey v. . TraceyNew York Court of Appeals · 1883
3Cited by15 opinions
- Aldred v. SylvesterIndiana Supreme Court · 1916
- Alsman v. WaltersIndiana Supreme Court · 1914
- Dykeman v. JenkinesIndiana Supreme Court · 1913
- Busick v. BusickIndiana Court of Appeals · 1917
- Gibson v. BrownIndiana Court of Appeals · 1915
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