Acker v. . Acker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 173.) This was an action to foreclose a mortgage. The mortgage and accompanying bond were executed by defendant Acker to plaintiff November 1, 1856, payable one year from date. "Defendant Acker, among other things, pleaded the statute of limitations.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 173.) This was an action to foreclose a mortgage. The mortgage and accompanying bond were executed by defendant Acker to plaintiff November 1, 1856, payable one year from date. "Defendant Acker, among other things, pleaded the statute of limitations. At the time the securities became due plaintiff was a married woman; her husband died September 8, 1866. This action was…
1Opinion of the Court
Folger, Ch. J.
The bond and mortgage fell due and payable on the 1st day of November, 1857. In the hand of a person not under disability they might then have been put in suit; and must have been put in suit before the lapse of twenty years thereafter; that is, on or before the 1st day of November? 1877. (Old Code, §§ 89, 90; New Code, §§ 380, 381.) By law certain persons are deemed disabled to bring such suit; and among them, once on a time, was a married woman. (§ 81, Code of 1848; § 101, Old Code, as it was until 1870; ch. 741, Laws of 1870, p. 1832, § 5.) The fact that she was a woman, and…
2Cases cited3 opinions
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Dunham v. . SageNew York Court of Appeals · 1873
- People Ex Rel. Weaver v. . Van De CarrNew York Court of Appeals · 1896
3Cited by26 opinions
- Howell v. . LeavittNew York Court of Appeals · 1884
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Conyngham v. . DuffyNew York Court of Appeals · 1891
- McQuesten v. MorrillWashington Supreme Court · 1895
- Davidson v. WitthausAppellate Division of the Supreme Court of the State of New York · 1905
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