Lowenthal v. Resnick
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. ■ Action by Louis Lowenthal, doing business under the firm name of D. J. Lowenthal & Son, against Max Resnick. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtGildersleeve, P. J.
The plaintiff sued for goods sold and delivered, consisting, as appears by the plaintiff’s bill of particulars, of wines and liquors. Among the defenses set up was the statute of limitations. The summons was issued on November 8, and an alias on November 20, 1907, and served by a process served on November 23, 1907. The account between the parties as set forth in the bill of particulars begins September 7, 1901, and ends on April 16, 1902. Unless the account sued upon comes within the provisions of section 386 of the Code of Civil Procedure, which declares that “in an action brought to…
2Cases cited4 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Adams v. . OlinNew York Court of Appeals · 1893
- Albro v. . FigueraNew York Court of Appeals · 1875
- Compton v. BownsNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Bailey v. Lightwell Steel Sash Co.Court of Chancery of Delaware · 1918
- John Klein Wagon Works v. Hencken-Willenbrock Co.New York Supreme Court · 1910