Middleton v. . Twombly
New York Court of Appeals
■ Appeal from order of the Superior Court of the city of ¡New York, made March 4, 1890, which affirmed an order by the trial judge setting aside a verdict in favor of plaintiff and granting a new trial. This was an action to recover money belonging to plaintiff alleged to have been had and received by William H. Fogg, deceased, defendant’s testator. The Acts, so far as material, are stated in the opinion.
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■ Appeal from order of the Superior Court of the city of ¡New York, made March 4, 1890, which affirmed an order by the trial judge setting aside a verdict in favor of plaintiff and granting a new trial. This was an action to recover money belonging to plaintiff alleged to have been had and received by William H. Fogg, deceased, defendant’s testator. The Acts, so far as material, are stated in the opinion. Fogg lawfully held the money until a demand or instructions to remit, which would be the equivalent of a demand, in which case the statute would not run. (Code Civ. Pro. § 410.) When the…
1Opinion of the Court
Ruger, Ch. J.
The causes of action in this case arose at several periods between the dates of 1864 and February 8, 1867, upon the receipt by the defendants’ testator of the plaintiffs’s moneys. The action was commenced in January, 1889, and the sole defense is the Statute of Limitations. It follows necessarily that the causes of action were outlawed. It is conceded by plaintiff that if the defendants’ testator was under a legal obligation to remit the funds in his hands to the plaintiff, the action is barred; but he contends that no such duty lay upon the testator until after instructions to…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Mills v. . MillsNew York Court of Appeals · 1889
- Howard v. . FranceNew York Court of Appeals · 1871
- Brink v. DolsenNew York Supreme Court · 1850
3Cited by6 opinions
- Britton v. . FerrinNew York Court of Appeals · 1902
- Stern v. LowAppellate Division of the Supreme Court of the State of New York · 1967
- Gleason v. RitchieAppellate Division of the Supreme Court of the State of New York · 1944
- Keys v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1925
- Mellish v. McMahonNew York Supreme Court · 1892
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