Hovey v. . Elliott
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 12, 1886, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 12, 1886, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was commenced April 16, 1884; the relief asked being that defendants should be declared trustees of certain bonds for the benefit of plaintiffs, and the latter should be held to have a lien upon and a right to such bonds, and that defendents should account for the same. The answer set up the statute of limitations as a defense. The trial court sustained this defense…
1Opinion of the CourtBradley, J.
The case was determined by the court below in favor of the defendants upon the defense of the statute of limitations. And that is the main question for consideration upon this review.
By the contract, between the plaintiffs and McDonald, they were to have, for their services in aiding him in the proseen- • tian of his claim before the mixed commission on British and American claims, a sum equal to twenty-live per cent of the amount which should be allowed or awarded to him. And in their behalf “the payment of the said sum of twenty-five per cent was to be made' a lien upon the claim, and upon…
2Cases cited28 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Bush v. . LathropNew York Court of Appeals · 1860
- Tilton v. CofieldSupreme Court of the United States · 1876
- In re HoweNew York Court of Chancery · 1828
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- People v. KeeffeNew York Court of Appeals · 1980
- Probst v. BearmanSupreme Court of Oklahoma · 1919
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Riddle v. HudginsCourt of Appeals for the Eighth Circuit · 1893
21 more not listed; retrieve them via the Exa API.