Peters v. Wells-Fargo & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McAvoy, J.:
An order was made here granting defendant’s motion for judgment on the ground that the cause of action stated in the complaint is barred by the Statute of Limitations because not commenced within three years after its accrual. (See Code Civ. Proc. §§ 380, 383, subd. 5; Civ. Prac. Act, § 49, subd. 6.) There is no doubt but that the three-year statute would bar the cause if the operation of the statute against this claim was not withheld from running by certain facts which it is claimed prevent its application here.
The defendant is a foreign corporation organized under the laws of…
2Cases cited2 opinions
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- Norris v. Atlas Steam-Ship Co.U.S. Circuit Court for the District of Southern New York · 1889
3Cited by1 opinion
- Central Auto Renting Corp. v. Checker Cab Manufacturing Corp.City of New York Municipal Court · 1934