Christian v. Village of Herkimer

The pivotal question upon which our decision hinges, is when did the cause of action accrue within the purview of section 341 of the Village Law. Unless otherwise provided by statute, a cause of action accrues so as to start the running of the Statute of Limitations at the point when the plaintiff may institute and maintain the action and not before. (Halsted v. Silberstein, 196 N. Y. 1, 16; Cary v. Koerner, 200 N. Y. 253; Jacobus v. Colgate, 217 N. Y. 235, 241, 245; Cameron Estates v. Deering, 308 N. Y. 24, 30; see, also, 54 C. J. S., Limitations of Actions, § 109; Bouvier’s Law Dictionary…