Stern v. Auerbach

Finch, J.:

The action is upon a promissory note alleged to have been executed by the defendants at Boston, Mass., on January 31, 1911. By its terms the note matured one year from date, or on January *68231, 1912. The defendant Louis Auerbach moved for judgment dismissing the complaint under rule 107 of the Rules of Civil Practice, upon the ground “ that the cause of action did not accrue within the time limited by law for the commencement of an action thereon.” From the affidavits submitted in support of the motion it appears that the said defendant, since November, 1911, has been a resident of this…