Shaw v. . Cock
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 12 Hun, 173.) This action was brought to collect the agreed freight on certain articles of machinery and merchandise from the city of Atchison to Bannock City and Virginia City, in the Territory of Montana.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 12 Hun, 173.) This action was brought to collect the agreed freight on certain articles of machinery and merchandise from the city of Atchison to Bannock City and Virginia City, in the Territory of Montana. The defendant pleaded the statute of limitations in bar. The plaintiff is the assignee of one Trivett, who contracted to carry the freight. The contract was made on the 28th…
1Opinion of the CourtAndrews, J.
The cause of action accrued on the 13th of September, 1866, upon the delivery by Trivett to the consignees in Montana Territory, of the machinery and merchandize pursuant to his contract with the defendant, made on the 28th of September, 1865. The cause of action was barred by the statute of limitations on or before the 14th of September, 1872, unless saved by the delivery to the sheriff of the city and county of New York on the 8th of August, 1872, of a summons with an intent that the same should be served, entitled in an action in favor of the plaintiff, against George E. Cock and seven…
2Cited by36 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Matteson v. WagonerCalifornia Supreme Court · 1905
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
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