Nathan v. Equitable Trust Co.

The complaint shows that the causes of action set forth therein accrued about a month before the war between the United States and Germany. The action was not commenced until the 17th day of January, 1927. Unless plaintiff may deduct from the computation of time the period of such war, the action is barred by the Statute of Limitations. (Civ. Prac. Act, § 48.) To that end plaintiff argues that section 28 of the Civil Practice Act does not apply where the “ disability ” is that referred to in section 27 of the Civil Practice Act which reads as follows:

“ § 27. Effect of war on right of alien.…