Sharrow v. . Inland Lines, Ltd.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1914, affirming a judgment in favor of defendant entered upon an interlocutory judgment of Special Term sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1914, affirming a judgment in favor of defendant entered upon an interlocutory judgment of Special Term sustaining a demurrer to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion. The sustaining of defendant’s demurrer on the ground that the complaint omits to affirmatively allege that the action was brought within two…
1Dissent
Chase, J. (dissenting).
The plaintiff contends that the two-year period of time provided by the statute in which the action must be commenced is a statute of limitations with all of the conditions and exceptions contained in chapter 4 of title 2 of the Code of Civil Procedure. The defendants contend that the time within which the action must be brought operates as a limitation on the liability itself and cannot be extended in any way by circumstances or by the parties or either of them.
If it was intended by the statute to give two years in which to bring the action therein provided and make…
2Cases cited44 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Davis v. MillsSupreme Court of the United States · 1904
- The CorsairSupreme Court of the United States · 1892
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
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