Legal Opinion

Oaks v. Taylor

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the plaintiff, Charles J. Oaks, from a judgment of the Supreme Court in favor of the defendant, entered in the office .of the clerk of the county of Albany on the 13th day of November, 1897, upon a nonsuit granted by the court after a trial at the Albany Trial Term. - The action was to recover $20,000' and interest thereon .upon the following- contract: “ In consideration of the sum of twenty thousand dollars in U. S. currency paid to me by Charles J. Oaks, I, 1ST.…

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Appeal by the plaintiff, Charles J. Oaks, from a judgment of the Supreme Court in favor of the defendant, entered in the office .of the clerk of the county of Albany on the 13th day of November, 1897, upon a nonsuit granted by the court after a trial at the Albany Trial Term. - The action was to recover $20,000' and interest thereon .upon the following- contract: “ In consideration of the sum of twenty thousand dollars in U. S. currency paid to me by Charles J. Oaks, I, 1ST. B. Taylor, of the ■city of Albany, have sold, transferred. and delivered to the said Charles J. Oaks, two hundred…

1Opinion of the Court

Landon, J.:

We think the Statute of Limitations did not begin to run from Ho.vember 22, 1887, the date of the contract. Section 410 of the Code of Civil Procedure provides: “ Where a right exists, but a demand' is necessary to entitle a person to maintain an action, the time within which the action must be commenced must be computed from the time when the right to make the demand is complete.” It is conceded that the case does not fall within any of the exceptions to the above section. The defendant’s argument rests upon the assumption that since the plaintiff had the right to exercise his…

2Cases cited4 opinions

  1. Mills v. . DavisNew York Court of Appeals · 1889
  2. Shutts v. . FingarNew York Court of Appeals · 1885
  3. King v. . MacKellarNew York Court of Appeals · 1888
  4. Bunn v. LettNew York Supreme Court · 1892

3Cited by1 opinion

  1. Gregg v. Middle States Utilities Co.Supreme Court of Iowa · 1940

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