Legal Opinion

Holloway v. Appelget

New Jersey Court of Chancery

Decided March 15, 1897PublishedCited by 2 opinions

On appeal from a decree advised by Vice-Chancellor Reed, wbo delivered the following opinion : This bill is filed to restrain the defendant from setting up the statute of limitations in an action at law brought by the complainant against the defendant and now pending in the Mercer circuit. On March 5th, 1884, the defendant was the owner of four bonds of the city of Rahway.

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On appeal from a decree advised by Vice-Chancellor Reed, wbo delivered the following opinion : This bill is filed to restrain the defendant from setting up the statute of limitations in an action at law brought by the complainant against the defendant and now pending in the Mercer circuit. On March 5th, 1884, the defendant was the owner of four bonds of the city of Rahway. On that date he consulted Mr. A. S. Appelget, an attorney-at-law, concerning the collection of the said bonds. The result of the consultation was that they entered into a contract in the following terms: “ In consideration…

1Per curiam

Decree affirmed, for the reasons given in the court of chancery.

For affirmance — The Chiee-Justice, Depue, Garrison, Gummere, Lippincott, Van Syckel, Dayton, Hendrickson, Nixon — 9.

For reversal — Collins, Dixon, Ludlow, Bogert — 4.

2Cited by2 opinions

  1. Howard v. West Jersey, C., R.R. Co.New Jersey Court of Chancery · 1928
  2. Sun B. L. Assn. v. RashkesNew Jersey Court of Chancery · 1936

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