Bankson v. Anderson

KNIGHT, District Judge.

Upon the motion to -dismiss the complaint in this action it was determined that the three-year limitation provided by Section 49 of the Civil Practice Act of New York State was applicable to the cause of action alleged. D.C., 21 F.Supp. 67. As to plaintiff’s contention that the doctrine of laches is applicable rather than the statute of limitations, it need only be said that the action had its inception on the law side, Golden v. Cervenka, 278 Ill. 409, 116 N.E. 273, and its transfer to equity was to avoid a multiplicity of suits and to provide a proportionate…