Legal Opinion

Gans v. Frank

New York Supreme Court

Decided February 3, 1862PublishedCited by 7 opinions

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

  1. Lincoln v. BattelleNew York Supreme Court · 1831
  2. Berrien v. WrightNew York Supreme Court · 1857

3Cited by7 opinions

  1. Hutchinson v. . WardNew York Court of Appeals · 1908
  2. Meyers v. Credit LyonnaisNew York Court of Appeals · 1932
  3. Ross v. Kansas City Southern Railway Co.Court of Appeals of Texas · 1904
  4. City Bank v. LumleyNew York Court of Common Pleas · 1865
  5. In re ShepardDistrict Court, N.D. New York · 1868

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