Transbel Investment Co. v. Venetos

Crane, Ch. J.

The complaint in this action was dismissed on motion made under rule 107 of the Rules of Civil Practice, subdivision 6, on the ground that the cause of action did not accrue within the time limited by law for the commencement thereof. The complaint is brought upon a promissory note which, if it be under seal, comes within the twenty-year Statute of Limitations. The question presented on the motion was whether the note was a sealed instrument merely because it had opposite the maker’s name the word “ Seal,” and, if not, whether a question of fact was presented calling for a trial,…