Baldwin v. Martin
The Superior Court of New York City
Appeal from a judgment. William H. Baldwin, as receiver, sued John T. Martin and others in the New York superior court in November, 1867, to set aside, on the ground of fraud, an assignment made in 1853, more than thirteen years before suit brought. The defense was the statute of limitations. The cause was tried at special term without a jury.
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Appeal from a judgment. William H. Baldwin, as receiver, sued John T. Martin and others in the New York superior court in November, 1867, to set aside, on the ground of fraud, an assignment made in 1853, more than thirteen years before suit brought. The defense was the statute of limitations. The cause was tried at special term without a jury. The plaintiff offered no proof that the fraud was not discovered by plaintiff in the judgment until within six years before suit brought. Upon a motion by defendant to dismiss the complaint on the ground of the statute bar, the court held, in denying…
1Opinion of the Court
By the Court.*—Monell, J.
The assignment, which has been found to have been fraudulent as to creditors, was mdde in September, 1853, and this action was commenced about fourteen years thereafter. One of the defenses is, that the right of action did not accrue within six years next preceding the commencement of the action, and the question arising *11thereupon, as to which party the onus is upon of removing the statute bar, depends upon the construction of the sixth subdivision of section 91, of the Code, which is as follows: . . . “the cause of action not to be deemed to have accrued until the…
2Cases cited9 opinions
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Sands v. St. JohnNew York Supreme Court · 1862
- Foot v. . FarringtonNew York Court of Appeals · 1869
- Gates v. . AndrewsNew York Court of Appeals · 1868
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3Cited by1 opinion
- Allen v. AllenNew York Supreme Court · 1880