Yates v. Wing
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary E. Yates, from a judgment of the Supreme Court in favor of the defendant,, bearing date the 25th day of October, 1898, and entered in the office of the clerk of the county of Washington upon the dismissal of the complaint by direction of the court after a trial before the court without a jury at the Washington Trial Term.
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Appeal by the plaintiff, Mary E. Yates, from a judgment of the Supreme Court in favor of the defendant,, bearing date the 25th day of October, 1898, and entered in the office of the clerk of the county of Washington upon the dismissal of the complaint by direction of the court after a trial before the court without a jury at the Washington Trial Term. The grounds of the decision, as stated therein, are that the plaintiff has been guilty of such laches and delay as to bar any equitable or other relief herein, and that the claim of the plaintiff, if any existed, is barred by the Statute of…
1Opinion of the Court
Merwin, J.:
The main question in the case is whether the trial court erred in holding that the Statute of Limitations was a bar to the claim of plaintiff.
In Mills v. Mills (115 N. Y. 80) the rule was laid down that where money is received by one to and for the use of another under such circumstances that it is his duty at once to pay it over, then an action for money had and received may be brought to recover it without any demand; and that in such a case the Statute of Limitations begins to run from the day of the receipt of the money, and that this result would not be-affected by the fact…
2Cases cited7 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Mills v. . MillsNew York Court of Appeals · 1889
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Bloodgood v. . BruenNew York Court of Appeals · 1853
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3Cited by5 opinions
- City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910
- In re Judicial Accounting of WaiteAppellate Division of the Supreme Court of the State of New York · 1899
- New York & Boston Despatch Express Co. v. CarrollAppellate Division of the Supreme Court of the State of New York · 1915
- In re GallaudetNew York Supreme Court · 1927
- Keys v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1925