Williams v. Clark

Appeal from order of Supreme Court, Broome County, which denied a motion to dismiss a complaint. Plaintiff bought from the American Express Company traveler’s checks in the sum of $400. He cashed $80 of these; the rest were stolen on January 8, 1946, and he immediately notified the company of the loss. The proof is not in dispute on defendant’s motion to dismiss the complaint on the ground the Statute of Limitations has run, that the stolen cheeks were all cashed not later than January 14, 1946. The complaint pleads that this payment by defendant of the stolen checks, not being at plaintiff’s…