Legal Opinion

Brinkman v. Cram

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1916PublishedCited by 13 opinions

Appeal by the defendant, Jacob Oram, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of April, 1916, upon the decision of the court after a trial before the court, a jury having been waived.

1Opinion of the Court

Page, J.:

The action was commenced January 26, 1916, and was upon a judgment recovered against the defendant on April 1, 1895, in the Supreme Court of this State. The answer sets forth as a defense that the action was not commenced within twenty years from the time when the parties recovering the judgment were first entitled to a mandate to enforce it. The defendant, in 1899, went to Alaska and remained there between four and five years, returning to this State and again in 1909 removed to New Jersey, remaining there until July, 1911.

The sole question presented on the trial and on this appeal…

2Cases cited5 opinions

  1. Bean v. . TonneleNew York Court of Appeals · 1884
  2. Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
  3. Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
  4. Gray v. SeeberNew York Supreme Court · 1889
  5. Rosenstock v. DessarAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by13 opinions

  1. Matter of City of New York (Elm Street)New York Court of Appeals · 1924
  2. Hyde Park Flint Bottle Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1917
  3. In re the Estate of SchorerNew York Surrogate's Court · 1935
  4. In re the Application for Judicial Settlement of the Account of Proceedings of HoesAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re the Final Judicial Settlement of the Account of Proceedings of HainesNew York Surrogate's Court · 1922

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