Platt v. Wilmot
Supreme Court of the United States
ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR ° THE SECOND CIRCUIT. Plaintiff in error brings the case here to review the judgment of the United States Circuit Court of Appeals for the Second Circuit, which affirmed the judgment of the Circuit Court for the Northern District of New York, dismissing the plaintiff’s- complaint upon the merits.
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ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR ° THE SECOND CIRCUIT. Plaintiff in error brings the case here to review the judgment of the United States Circuit Court of Appeals for the Second Circuit, which affirmed the judgment of the Circuit Court for the Northern District of New York, dismissing the plaintiff’s- complaint upon the merits. The action was commenced in the last named court by the service of a summons on the defendant on October 1, 1898, and was brought by the plaintiff as receiver of the Commercial National Bank of Denver, Colorado, to recover from the defendant the…
1Opinion of the CourtJustice Peckham
The only question which the plaintiff in error presents is whether or not this action was barred by the New York three years’ statute of limitations, and that depends upon whether section 382 or section 394 of the Code of Civil Procedure of that State is applicable.
Section 3-82 provides that actions of the following nature shall be barred within six years:
“ 1. An action upon a contract obligation or liability, express or implied; except a judgment or sealed instrument.
“2. An action to recover upon a liability'created by statute; except a penalty or forfeiture.”
Section 394, which the courts…
2Cases cited2 opinions
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
3Cited by54 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- McClaine v. RankinSupreme Court of the United States · 1905
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
- Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
- Corry v. Mayor and Council of BaltimoreSupreme Court of the United States · 1905
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