Campbell v. Culver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. R. Campbell, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28th day of December, 1899, affirming a judgment of the Municipal Court of the city of Rochester in favor of the defendants.
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Appeal by the plaintiff, W. R. Campbell, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28th day of December, 1899, affirming a judgment of the Municipal Court of the city of Rochester in favor of the defendants. This action was commenced in the Municipal Court of the city of Rochester on the 1st day of May, 1899, to recover damages which it is alleged were sustained by the plaintiff’s assignor, Sarah A. Pox, arising from the neglect of the defendants to perform, a certain agreement entered…
1Opinion of the Court
Adams, P. J.:
Although all of the allegations of the plaintiff’s complaint are put in issue by the defendant’s answer, the facts as they are above stated wei’e clearly established; and the principal question which they present for our consideration is whether the plaintiff’s cause of action, if he has one, is barred by the Statute of Limitations.
It is conceded that the present action was commenced more than six years after the defendants violated their agreement, and if the statute commenced to run when that breach occurred, manifestly it furnishes a complete defense to the plaintiff’s claim.…
2Cases cited3 opinions
- Northrop v. . HillNew York Court of Appeals · 1874
- Exkorn v. ExkornAppellate Division of the Supreme Court of the State of New York · 1896
- President v. ChildsNew York Supreme Court · 1826
3Cited by7 opinions
- Edlux Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Colpan Realty Corp. v. Great American InsuranceNew York Supreme Court · 1975
- Crowley v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1904
- Gilchrist Transportation Co. v. Worthington & SillAppellate Division of the Supreme Court of the State of New York · 1920
- Scholen v. Guaranty Trust Co.New York Court of Appeals · 1944
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