Legal Opinion
P. H. Carlyon, Inc. v. Roberts
New York County Courts
Decided October 3, 1946PublishedCited by 2 opinions
1Opinion of the CourtBodine, J.
Certain questions of fact bearing on the claimed tolling of the statute have been resolved in plaintiff’s favor by /the Trial Court and must therefore be considered as established for the purpose of this appeal, if warranted by the evidence. A significant finding is that the payments made by way of credits or otherwise, amounting to' $563.68, and relied upon, to toll the running of the statute, were not for services rendered defendant’s corporation, as claimed by him, but were made to apply on the defendant’s personal note in suit.
In view of this finding the question is whether these payments…
2Cases cited5 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Ultramar Co. v. Minerals Separation, Ltd.New York Supreme Court · 1922
- In re the Estate of BrowningNew York Surrogate's Court · 1940
- Tompkins v. Miller, Tompkins & Co.Appellate Division of the Supreme Court of the State of New York · 1923
3Cited by2 opinions
- Federal Deposit Ins. Corp. v. SchuhmacherDistrict Court, E.D. New York · 1984
- P. H. Carlton, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1947