Gans v. Frank
New York Supreme Court
APPEAL from a judgment entered at the circuit, after a trial before the court .without a jury. The complaint was for goods sold and delivered to the defendants by a firm of which the plaintiffs are the surviving partners.
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APPEAL from a judgment entered at the circuit, after a trial before the court .without a jury. The complaint was for goods sold and delivered to the defendants by a firm of which the plaintiffs are the surviving partners. The answer set up as a first defense, that the cause of action did not accrue within six years before the commencement of this action; as a second defense, a defect of parties plaintiff; that the personal representatives of 3oseph Schoneman, the deceased partner, were partners with the plaintiff at the time of the sale, and were not made parties hereto; and as a third…
1Opinion of the Court
By the Court,
Ingraham, P. J.
The facts found in this case were these: a sale of goods by the plaintiffs to the defendant ; that the sale was more than six years previous to the commencement of the action; that all of the parties, then and ever since, resided in Pennsylvania, except one, who is deceased; that by the laws of the state, no action can be commenced, in Pennsylvania, after six years after the maturity of the debt due, on book accounts; and that the defendant H. Frank passed through this state more than six years before the commencement of this action. The defense was the statute of…
2Cases cited2 opinions
- Lincoln v. BattelleNew York Supreme Court · 1831
- Berrien v. WrightNew York Supreme Court · 1857
3Cited by7 opinions
- Hutchinson v. . WardNew York Court of Appeals · 1908
- Meyers v. Credit LyonnaisNew York Court of Appeals · 1932
- Ross v. Kansas City Southern Railway Co.Court of Appeals of Texas · 1904
- City Bank v. LumleyNew York Court of Common Pleas · 1865
- In re ShepardDistrict Court, N.D. New York · 1868
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