Rusling v. Union Pipe & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, the Union Pipe and Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of October, 1895, upon the report of a referee.
1Opinion of the Court
Rumsey, J.:
The first question [presented is, whether the plea of the Statute of Limitations made by the defendant should have been sustained by the referee. That depends upon whether the contract on which this action is brought was a sealed instrument. The contract recites that, “ in witness whereof ” the parties “ have hereunto set their hands and seals.” It is signed “ Union Pipe & Construction Co., by Calvin Detrick, Pres’t, Jos. L. Rusling.” Opposite the name of Rusling appears a seal. It is denied on the part of the defendant that this seal was the seal of the company, or was affixed by…
2Cases cited3 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Van Alstyne v. Van SlyckNew York Supreme Court · 1851
- Metropolitan Life Insurance v. BenderNew York Court of Appeals · 1891
3Cited by11 opinions
- Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
- Cammack v. J. B. Slattery & Bro.New York Court of Appeals · 1925
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
- Drexler-Rochester Properties, Inc. v. ParisAppellate Division of the Supreme Court of the State of New York · 1932
- Philbrook v. Mercantile Trust Co.California Court of Appeal · 1927
6 more not listed; retrieve them via the Exa API.