Legal Opinion

Taylor v. . Syme

New York Court of Appeals

Decided April 17, 1900PublishedCited by 20 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1897, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Both notes were barred by the Statute of Limitations. (Code Civ.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1897, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Both notes were barred by the Statute of Limitations. (Code Civ. Pro. § 390; Civil Code of La. art. 3459, 3505, 3528, 3540, 3541; Hawes v. Welch, 2 How. [U. S.] 507; 3 How. [U. S.] 465; 3 N. Y. S. R. 576; A. & T. Co. v. Syme, 51 U. S. App. 48; 168…

1Opinion of the CourtLandon, J.

This action was commenced by Eliza Kenner, Sept. 3, 1890, against the defendant Syme, upon two promissory notes made Dec. • 21, 1892, in New Orleans, Louisiana, each for $1,500, by Allen and Syme, copartners, then residents in New Orleans, to their own order, one payable Aug. 1, 1885, and the other Sept. 1,1885, and indorsed by the makers to Eliza Kenner, who then resided and continued to reside until her death in Mobile, Alabama. The notes were the last of a series given in payment of the rent of a rice plantation in Louisiana, which Mrs. Kenner, at the time of their date, leased to Allen…

2Cases cited5 opinions

  1. Petersen v. . Chemical BankNew York Court of Appeals · 1865
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
  4. Matter of New York Catholic ProtectoryNew York Court of Appeals · 1879
  5. Morrow v. . FreemanNew York Court of Appeals · 1875

3Cited by20 opinions

  1. Wiener v. Specific Pharmaceuticals, Inc.New York Court of Appeals · 1949
  2. In Re the Probate of the Will of ConnellNew York Court of Appeals · 1917
  3. Janes v. Sackman Bros. Co.Court of Appeals for the Second Circuit · 1949
  4. In Re the Estate of CornellNew York Court of Appeals · 1935
  5. Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902

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