McQueen v. Babcock
New York Supreme Court
MOTION for judgment on a verdict taken, subject to the opinion of the court at general term. On the 31st day of October, 1857, Henry A. Brown assigned certain property to the plaintiff, in trust for the benefit of creditors.
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MOTION for judgment on a verdict taken, subject to the opinion of the court at general term. On the 31st day of October, 1857, Henry A. Brown assigned certain property to the plaintiff, in trust for the benefit of creditors. On the 19th-of January, 1858, certain judgment creditors of Brown commenced an action in equity against Brown and the plaintiff, for the purpose of setting aside the assignment and having the property applied upon their judgments; and on the same day an injunction order in that action was served upon the plaintiff, enjoining him “to desist and refrain from inter-meddling…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The simple question presented in this case is whether the plaintiff’s action is barred by the statute of limitations. The defendants’ testator was sheriff of Monroe county, and this action being for a liability incurred by acts done by him in his official capacity and in virtue of his office, the limitation of three years applies to it under section 92 of the code. The defense under this statute is complete, unless the time during’ which the injunction, issued in the action of Adams v. Brown and the plaintiff was in force is to be deducted from the time which…
2Cited by4 opinions
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- Fincke v. FunkeNew York Supreme Court · 1881
- Van Wagoner v. TerpenningNew York Supreme Court · 1887