Baker v. Leland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert A. Baker, from an order of the Supreme Court, made at the Monroe Circuit and entered in the office of the clerk of the county of Monroe on the 5th'day of November, 1894, denying the .plaintiff’s motion for a new trial. The trial court dismissed the plaintiff’s complaint, and ordered judgment for the defendants, upon the ground that the cause of action set forth in the complaint was barred by the Statute of Limitations.
1Opinion of the Court
Ward, J.:
The 1st of June, 1892, the plaintiff commenced this action against the defendants, who were bankers transacting business at Spring-ville, N. Y., to recover upon an instrument in writing, of which the following is a copy :
“ Certificate of Deposit..“$200 Dolls. Springville,. N. Y., June 11, 1875.
“ Mr. Luzern Eaton has deposited in this bank two hundred dol lars, payable to the order of himself, 3 mos. after date, in current
*366funds on return of this certificate properly endorsed, and shall
receive interest at the rate of 7 per cent, per annum if left-
months from date.
(Signed) E. 0. LELAND,…
2Cases cited3 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Hunt v. DivineIllinois Supreme Court · 1865
- Dorman v. GannonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Thompson v. Farmers State BankSupreme Court of Iowa · 1913
- Parsons & Whittemore Enterprises Corp. v. SchwartzDistrict Court, S.D. New York · 2005
- In re the Judicial Settlement of the Account of MarineNew York Surrogate's Court · 1912