Corkings v. . the State
New York Court of Appeals
Appeal from decision of the board of claims, made September 10, 1884, which rejected and dismissed a claim presented by the appellant. The material facts are stated in the prevailing opinion. As between citizens, this claim would not be barred by lapse of time. (Laws of 1876, chap. 444; Code Civ. Proc., § 410.) Where there is a deposit, as distinguished from a loan, the statute does not run until a demand is made.
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Appeal from decision of the board of claims, made September 10, 1884, which rejected and dismissed a claim presented by the appellant. The material facts are stated in the prevailing opinion. As between citizens, this claim would not be barred by lapse of time. (Laws of 1876, chap. 444; Code Civ. Proc., § 410.) Where there is a deposit, as distinguished from a loan, the statute does not run until a demand is made. (Boughton v. Flint, 74 N. Y. 476; Payne v. Gardiner, 29 id. 146.) Where there is an express trust, the statute of limitations would .not begin to run until an open repudiation of…
1Opinion of the CourtEarl, J.
On the 19th day of August, 1873, the plaintiff entered into two contracts with the State for work upon the Erie canal, and deposited two sums of money amounting to $1,800 as security for the performance of the contracts under chapter 766 of the Laws of 1873. That chapter (page 1170) provided that “ upon the entering into said contract the bonds or stocks or money required by the commissioners as security for the entering into said contract, together with such additional securities as they may require, may be held as security for the completion of the work, and shall be deposited with the…
2Cases cited2 opinions
- Defreest v. . WarnerNew York Court of Appeals · 1885
- People v. . DenisonNew York Court of Appeals · 1880
3Cited by9 opinions
- O'Hara v. . State of New YorkNew York Court of Appeals · 1889
- People ex rel. Eckerson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1908
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Brooklyn Borough Gas Co. v. Bennett, New York County Courts1935
- McMaster v. . the State of New YorkNew York Court of Appeals · 1886
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