Transbel Investment Co. v. Venetos

The action is upon a note signed by defendant in this city in 1925 and forwarded by mail to plaintiff’s assignor, A, J. Richey, the payee, who was in Florida. Opposite the defendant’s signature, an inch or more distant therefrom, the word “ Seal ” appears in parentheses. This word was printed on the note prior to the time defendant signed it. Defendant has moved to dismiss the complaint under rule 107, subdivision 6, of the Rules of Civil Practice, on the ground that the action is barred by the six-year Statute of Limitations because the note is not a sealed instrument. The Special Term…