American Surety Company of New York v. John H. C. Gainfort

CLARK, Chief Judge.

This is a defendant’s appeal from a judgment rendered upon two California judgments of 1935, which normally would be enforceable in New York for twenty years. See N.Y. Civil Practice Act § 44. But New York’s borrowing statute, N.Y.C.P.A. § 13, incorporates the shorter five-year period of limitations of California, Cal.Code Civ.Proc. § 336, where the claims arose, and thus would bar them except for the effect of another California statute, Cal. Code Civ.Proc. § 351, tolling all periods of limitation during the defendant’s absence from that state. Here defendant concededly…