Riley v. Riley
New York Supreme Court
Appeal from special term, Monroe county. Action by Mary E. Biley against Ashbel W. Biley and Anna Bently, executors of Ashbel W. Biley, deceased, to recover on a claim against the deceased. From a judgment dismissing the complaint, plaintiff appeals.
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Appeal from special term, Monroe county. Action by Mary E. Biley against Ashbel W. Biley and Anna Bently, executors of Ashbel W. Biley, deceased, to recover on a claim against the deceased. From a judgment dismissing the complaint, plaintiff appeals. On the 31st day of March, 1882, there was paid to the plaintiff’s husband, Gen-. Ashbel W. Biley, now deceased, for the plaintiff, the sum of $2,500. The general died on the 3d of April, 1888, never having paid, the money, or any part thereof, to the plaintiff. On tile 30th day of March, 1888, the plaintiff caused to be issued and delivered to…
1Opinion of the CourtLewis, J.
Plaintiff’s cause of action accrued when the money was paid'
for her to her husband, March 81, 1882; and, unless the running of the statute was arrested by the delivery of the summons to the sheriff, the statute had run against the claim before the death of Gen. Biley. Mills v. Mills, 115 N. Y. 80, 21 N. E. Rep. 714. The delivery of the summons to the sheriff was equivalent to the commencement of an action within the provisions of the Code limiting the time for the commencing of actions, and would have arrested the running of the statute had the conditions of section 399 of the Code of Civil…
2Cases cited5 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Mills v. . MillsNew York Court of Appeals · 1889
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Clare v. . LockardNew York Court of Appeals · 1890
3Cited by1 opinion
- Galehouse v. Minneapolis, St. Paul, & S. S. M. R. Co.North Dakota Supreme Court · 1912