Lightfoot v. . Davis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7,1909, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the Appellate Division holding that the six years’ Statute of Limitations was a bar to a recovery by the plaintiff in this action was error.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7,1909, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the Appellate Division holding that the six years’ Statute of Limitations was a bar to a recovery by the plaintiff in this action was error. (Anderson v. Nicholas, 28 N. Y. 600.) The six years’ Statute of Limitations is a bar to a recovery by the plaintiff in this…
1Opinion of the Court
Cullen, Ch. J.
This is a singular case. In March, 1875, and for some years previous the plaintiff had been the owner of several school bonds issued by various counties in the state of Kansas, aggregating in amount the sum of $4,000. These, together with a memorandum stating the numbers and other details of the bonds, he kept locked in a bureau drawer. At the time mentioned, during the plaintiff’s absence, the drawer was broken open and the bonds abstracted by the defendant’s testator, the plaintiff’s father-in-law and a banker in the village of Lima in this state. Mo suspicion seems ever to…
2Cases cited29 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
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3Cited by109 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Latham v. Father DivineNew York Court of Appeals · 1949
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
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