Brintnall v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel M. Rice, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of May, 1900, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
1Dissent
McLaughlin, J. (dissenting):
The canse of action, if there is one, arose on the 26th of August, 1891, the time when the plaintiff paid out $500 to secure the return of his collateral. . The action was not commenced until the 4th of October, 1898, and, as conceded in the prevailing opinion, the Statute of Limitations had then run against the claim, unless “ the plaintiff can produce an acknowledgment of the indebtedness, or a promise to pay the debt within six years of the commencement of the action.”
There is nothing in the record, so far as I have been able to discover, in writing by which the…
2Cases cited1 opinion
- Fletcher v. DanielsAppellate Division of the Supreme Court of the State of New York · 1900