Olsen v. Singer Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Singer Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of February, 1910.
1Opinion of the Court
Burr, J.:
The complaint in this action attempts to set out a cause of action accruing on October' 29, 1906. Defendant pleads, among other things, the defense of the Statute of Limitations. After issue joined in due season a motion was made to compel plaintiff to reply, and from the order denying such motion this appeal is taken.
' The plea of the Statute of Limitations is a plea of avoidance, and at common law was known as a special plea in bar. (Will’s Gould PI. 570.) At common law a replication was generally necessary to prevent such plea from constituting a bar to a recovery. (25 Cyc. 1414;…
2Cases cited3 opinions
- Seaton v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1906
- Toplitz v. GarriguesAppellate Division of the Supreme Court of the State of New York · 1902
- Williams v. KilpatrickNew York Supreme Court · 1888
3Cited by5 opinions
- Schweitzer v. Hamburg-Amerikanische Packetfahrt Actien GesellschaftAppellate Division of the Supreme Court of the State of New York · 1912
- Olsen v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- City Equity Co. v. BodineAppellate Division of the Supreme Court of the State of New York · 1910
- Continental Securities Co. v. BelmontNew York Supreme Court · 1911