Northrop v. . Hill
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff upon trial at circuit, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff upon trial at circuit, and affirming an order denying a motion for a new trial. The action was brought June 1st, 1869, to recover damages for the alleged deceit of the defendant, by which the plaintiff was induced to purchase certain lands of one McCarty and to pay him therefor the sum of $1,701.56. The defence was that the cause of action had not accrued within six years before the action was commenced. The…
1Opinion of the Court
Dwight, C.
There is but a single question in this case. Did the statute of limitations begin to run from the time of the fraudulent representations as to the condition of the land and the plaintiff’s purchase upon the faith of them, or does it begin to run from the time of the subsequent eviction, or from the payment of damages on the covenant of warranty ? This question resolves itself into the inquiry whether the plaintiff had, at the time when the-fraudulent representations were made, and when he acted upon them, an action for damáges in such a sense that the entire cause of action accrued…
2Cases cited7 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Halsey v. ReedNew York Court of Chancery · 1842
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Mathews v. . AikinNew York Court of Appeals · 1848
- McConnel v. KibbeIllinois Supreme Court · 1864
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3Cited by40 opinions
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