Wheeler v. Breslin
New York Supreme Court
Action for an accounting of the disposition of the proceeds of a sale of goods given to the defendant by plaintiff’s intestate as collateral security for the payment of certain notes, or of the goods remaining, and for a judgment for the difference between the sum realized and the amount of the debt represented by the notes beside interest. Defense, the Statute of Limitations.
1Opinion of the CourtLeventritt, J.
The important question involved in this case is whether or not the plaintiff’s cause of action is barred by the Statute of Limitations.
It is sufficiently established by the evidence that in the month of March, 1888, the plaintiff’s intestate was indebted to the defendant, a hotel proprietor, in a sum in excess of $4,GOO. Three several notes were given, maturing at different dates, each for a third of the indebtedness. The notes, *508differently dated, had respectively three months, two months and one day to run. The last note matured some time in June, 1888. As collateral security for the payment…
2Cases cited3 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Cortelyou v. LansingNew York Supreme Court · 1796
- Brown v. BronsonAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Williams v. Flagg Storage Warehouse Co.New York Supreme Court · 1927
- Gates v. PowellMontana Supreme Court · 1926