Young v. Ingalsbe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William E. Young, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 7th day of February, 1912, upon the report of a referee dismissing the plaintiff’s claim.
1Dissent
Houghton, J. (dissenting):
I do not think the plaintiff should be limited to a judgment for fifty dollars only. The appeal is taken upon the judgment roll alone and upon the facts found by the learned referee I think the plaintiff is entitled to a judgment for the full amount of his claim on the ground that the sale of the hooks by the defendant’s, testator to him upon the understanding that their value should he applied upon the plaintiff’s claim had the effect of taking the whole claim out of the Statute of Limitations.
On the prior appeal to this court (138 App. Div. 587) it did not appear…
2Cases cited5 opinions
- Smith v. . RyanNew York Court of Appeals · 1876
- Rowell v. Estate of LewisSupreme Court of Vermont · 1900
- Snider v. ThrallWisconsin Supreme Court · 1883
- Follett Wool Co. v. Utica Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Young v. IngalsbeAppellate Division of the Supreme Court of the State of New York · 1910