Reilly v. Sabater
New York Supreme Court
Action by Hannah V. Reilly against I). M. Sabater for damages for fraud in inducing plaintiff to enter into a contract to marry. At the opening of plaintiff’s case, defendant moved to dismiss, or for judgment on the pleadings, on the ground that it appeared that the action was barred by the statute of limitations. Denied. At the close of the testimony, defendant moved to dismiss on the same ground. Granted.
1Opinion of the CourtBischoff, J.
Defendant’s motion for dismissal of the complaint, or for judgment upon the pleadings, made at the outset of the trial, must be denied. It is competent to the plaintiff to avoid the effect of the defendant’s plea of the statute of limitations, by proof either that she was under one of the disabilities specified in the Code of Civil Procedure (section 396) when the cause of action accrued, or that after the cause of action had accrued the defendant departed from, and continuously resided without, the state, or that he resided within the state, without the plaintiff’s knowledge, under a false…
2Cases cited9 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Northrop v. . HillNew York Court of Appeals · 1874
- Leonard v. PitneyNew York Supreme Court · 1830
- Allen v. MilleNew York Supreme Court · 1837
- Sands v. St. JohnNew York Supreme Court · 1862
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3Cited by5 opinions
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- Maslow v. AgeloffAppellate Terms of the Supreme Court of New York · 1917
- Davidson v. WrightCourt of Appeals of Texas · 1922