Hall v. . Brennan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to recover upon a promissory note made by George B. Bixby, defendants’ testator.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to recover upon a promissory note made by George B. Bixby, defendants’ testator. The promissory note sued upon was madó by defendants’ testator of the date of September 17, 1880, and became due by its terms on September 20, Í881. The limitation of six years for the commencement of an action would have expired September 21st,…
1Opinion of the CourtGray, J.
We think the judgments below were right. It is perfectly clear that the action was commenced within the time limited by the statute, as a brief consideration of its provisions and of the facts will show. At the time of the death of the maker of this note, the six years had not run out by-forty days. The event of his death operated, under section 403 of the Code of Civil Procedure, to suspend the running. of the Statute of Limitations upon the liability. That section explicitly provides that the term of eighteen months is not a part of the time limited for the commencement of an action against…
2Cited by12 opinions
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- Riley v. . RileyNew York Court of Appeals · 1894
- In re the Estate of McGowanNew York Surrogate's Court · 1940
- In re the Estate of Van VoorheesNew York Surrogate's Court · 1907
- In re the Estate of MorrisNew York Surrogate's Court · 1937
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