Williams v. Clark

This is a motion by defendant, pursuant to subdivision 6 [now subd. 5] of rule 107 of the Rules of Civil Practice, for judgment dismissing the complaint herein on the ground that the cause of action alleged did not accrue within the time limited by law for the commencement of an action thereon.

The complaint alleges that plaintiff in the first week of January, 1946, purchased from an agent of defendant at Plymouth, Pennsylvania, twenty travelers checks in the total sum of $400, each check being of the $20 denomination; that each was signed by plaintiff in the presence of the defendant’s agent;…