Hopkins v. . Lincoln Trust Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 19, 1921, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 19, 1921, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The following questions were certified: “ 1. Did the legislature have the constitutional power to, make the. amendments to section 382 of the Code of Civil Procedure, paragraph 5 (Laws of 1920, chapter 480), retroactive in its effect so as to resurrect and revive a cause of action which had already been barred by the statute as it theretofore existed?…
1Opinion of the CourtCardozo, J.
The plaintiff sues at law to recover damages for fraud. The wrong was done on August 20, 1912, and a cause of action then accrued. The remedy was barred by limitation six years thereafter, on August 20, 1918 (Miller v. Wood, 116 N. Y. 351). Two years later, the law was changed. As amended in 1920, the statute says that in “ any action to procure a judgment on the ground of fraud,” the cause of action shall not be “ deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts constituting the fraud ” (Code Civil Procedure, sec. 382, subd. 5,…
2Cases cited13 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Hulbert v. . ClarkNew York Court of Appeals · 1891
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3Cited by60 opinions
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Robinson v. . Robins Dry Dock Repair Co.New York Court of Appeals · 1924
- People v. BatesIllinois Supreme Court · 1988
- Fullerton-Krueger Lumber Co. v. Northern Pacific Railway Co.Supreme Court of the United States · 1925
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