Central Auto Renting Corp. v. Checker Cab Manufacturing Corp.

This action is for conversion of personal property, and the complaint alleges that the acts occurred during the months of December, 1925, and January, 1926. The time within which this action should have been commenced expired in the month of *539January, 1932, and it is, therefore, apparent that this action was not commenced within six years from the date it accrued. Under rule 107 of the Rules of Civil Practice it is proper procedure to move for judgment to dismiss the complaint for defects not appearing on the face thereof by showing that the cause of action was not commenced within six years…