Donlon v. Davidson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Donlon, as executrix, etc., of Bridget Fox, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 21st day of March, 1896, upon a non-suit granted by the court at the Chautauqua Trial Term, after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1896, denying the plaintiffs motion for a…
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Appeal by the plaintiff, Margaret Donlon, as executrix, etc., of Bridget Fox, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 21st day of March, 1896, upon a non-suit granted by the court at the Chautauqua Trial Term, after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1896, denying the plaintiffs motion for a new trial made upon the minutes. This action was commenced on the 14th day of June, 1895. 'The plaintiff’s complaint…
1Opinion of the Court
Hardin, P. J.:
Plaintiff’s complaint states a cause of action “upon a contract, obligation or liability.” The case, therefore, falls within the language of section -382 of the Code of Civil Procedure, providing a limitation of six years in which to bring an action.
Section 410 of the Code of Civil Procedure provides as follows: “ Where a right exists, but a demand is necessary to entitle a person to maintain ah action, the time within which the action must be commenced, must be computed frtim the time when the right to make the demand is complete.” There, are certain exceptions enumerated in…
2Cases cited4 opinions
- Wood v. . YoungNew York Court of Appeals · 1894
- Knapp v. GreeneNew York Supreme Court · 1894
- Bartlett v. . RobinsonNew York Court of Appeals · 1868
- Brush v. . BarrettNew York Court of Appeals · 1880
3Cited by1 opinion
- Homer Eng. Co. v. State of New YorkNew York Court of Appeals · 1963