Richards v. Gill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph M. Richards, from a judgment of the Supreme ‘Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of J uly, 1908, upon the decision of th.e court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits in an action brought under the provisions of article 2 of title 3 of chapter 15 of -the Code of Civil Procedure to establish the liability of the…
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Appeal by the plaintiff, Joseph M. Richards, from a judgment of the Supreme ‘Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of J uly, 1908, upon the decision of th.e court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits in an action brought under the provisions of article 2 of title 3 of chapter 15 of -the Code of Civil Procedure to establish the liability of the defendant as the devisee of her deceased husband.
1Opinion of the Court
Rich, J.:
The complaint was dismissed upon the ground that the alleged cause of action was barred by the Statute of Limitations. The correctness of. this conclusion and the further question as to whether the case presented, is within the provisions of section 1Ó1 of the Decedent Estate Law (Consol. Laws, chap. 18; Laws of 1909, chap. 18; formerly section 1843 of the Code of Civil, Procedure) constitute the only questions requiring our consideration. The facts aré not disputed,. The defendant’s testator was a stockholder, to-the extent of $15,000, of the Harlem River Bank, which became…
2Cases cited11 opinions
- In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
- Collins v. . HydornNew York Court of Appeals · 1892
- Hirshfeld v. . BoppNew York Court of Appeals · 1895
- Mahoney v. BernhardAppellate Division of the Supreme Court of the State of New York · 1899
- Barnes v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Richards v. CarpenterCourt of Appeals for the Sixth Circuit · 1919
- Wicks v. CarmichaelNew York Supreme Court · 1939
- White v. NemecekNew York Supreme Court · 1939
- Ibach v. BauerNew York Supreme Court · 1935
- In re the Estate of ThompsonNew York Surrogate's Court · 1936
1 more not listed; retrieve them via the Exa API.