Dawbarn v. Fleischmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon Fleischmann, as executor, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York, on the 7th day of June, 1911, denying the defendant’s motion for judgment on the pleadings. •
1Opinion of the Court
Dowling, J.:
Defendant appeals from an order denying his motion for judgment on the pleadings and the questions presented are: (1) Whether the facts set forth in the second separate defense constitute a bar to plaintiff’s recovery,. in that his claim is within the short Statute of Limitations; and (2) whether the reply served by plaintiff sets up facts sufficient to prevent the start or continuance of the running.of the statute.
The action is brought to recover the sum of $2,000 for professional services rendered by plaintiff as a physician and sur-' geon, between the 15th and 22d days of July,…
2Cases cited7 opinions
- Hayden v. . PierceNew York Court of Appeals · 1895
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Calanan v. McClureNew York Supreme Court · 1866
- In re the Judicial Settlement of the Account of EichmanNew York Surrogate's Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Curtiss Aeroplane Co.District Court, S.D. New York · 1943