Dunham v. Sage
New York Supreme Court
Action to compel specific performance of a paroi agreement, and to recover an amount awarded by arbitrators.
1Opinion of the CourtIngalls, J.
Upon the argument of this cause the respective counsel conceded the validity of the award, and that it embraced the entire cause of action contained in the complaint. The defendant’s counsel insists that the plaintiff’s cause of action is barred by the statute of limitations. This, therefore, presents the only question to be determined. The award was made on the 31st day of August, 1857. Mrs. Dunham, to whom the $2,000 was made payable by the terms of the award, died on the 4th day of February, 1862. Letters testamentary upon her will were issued to the plaintiff on the 6th day of February,…
2Cases cited2 opinions
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
- Carpenter v. OttleyNew York Supreme Court · 1870
3Cited by2 opinions
- Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896