City Equity Co. v. Bodine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William II. J. Bodine, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 2d day of August, 1910.
1Opinion of the Court
Care, J.:
This is an appeal from an order entered at Special Term in Richmond county, denying a motion to compel the plaintiff to reply to two separate defenses set up in the answer. This case has been before this court in various phases three or four times. The •action was brought under section 1813 of the Code of Civil Pro*908cedure (now Decedent Estate Law [Consol. Laws, chap. 13 ; Laws of 1909, chap. 18], § 101) to charge an heir at law with a liability arising out of a sealed instrument of his ancestor in title. The first separate defense is the Statute of Limitations, The defendant claims…
2Cases cited4 opinions
- Colgan v. DunneNew York Supreme Court · 1888
- Adams v. . FassettNew York Court of Appeals · 1896
- Hamlin v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Olsen v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Continental Securities Co. v. BelmontNew York Supreme Court · 1911
- Merinos Viesca Y Compania, Inc. v. Pan American Petroleum & Transport Co.District Court, E.D. New York · 1930