Kahrs v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Kahrs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 19th day of January, 1904, upon the decision of the court rendered after a trial at the Queens County Trial Term, a jury having been waived, dismissing the complaint upon the merits.
1Opinion of the Court
Jenks, J.:
The sole question tried was whether the six years’ Statute of Limitation, pleaded by the defendant, applied. The court held with the defendant and dismissed the complaint upon the merits. On December 31, 1895, plaintiff’s indorser received a salary warrant from Long Island City, which was thereafter duly presented for payment, but payment was refused. This action upon the warrant was begun on May 15, 1902. The appellant contends that the consolidation of Long Island City with other municipalities in the formation of the present city of New York created a new obligation on the part…
2Cases cited9 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Sands v. GelstonNew York Supreme Court · 1818
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Purdy v. AustinNew York Supreme Court · 1829
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3Cited by1 opinion
- Schenck v. State Line Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1923