Roberts v. . Ely
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the February Term, 1887, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the February Term, 1887, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. The complaint in this action alleged, in substance, that one Geiger and plaintiff, composing the firm of Geiger & Co., purchased, in April, 1871, of David J. Ely, defendant’s testator, a quantity of teas, then in the custody of the Chicago & China Tea Company; that it was agreed between the purchasers and that company that it should…
1Opinion of the CourtAndrews, J.
The statute of limitations is, we think, a conclusive answer to the claim of the plaintiff upon his own theory of the cause of action. The plaintiff insists that Geiger & Co., whose rights he represents, became the equitable owners of a specific portion of the insurance money collected and which came to the hands of David J. Ely, the defendant’s intestate. The teas of Geiger & Co. were in the possession of the Chicago & China Tea Company on the 9th day of October, 1871, when the fire occurred by which they were destroyed, together with a large quantity of other teas belonging to the company.…
2Cases cited2 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Matter of Accounting of NeilleyNew York Court of Appeals · 1884
3Cited by123 opinions
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Clara Torres v. $36,256.80 U.S. CurrencyCourt of Appeals for the Second Circuit · 1994
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