Legal Opinion
Rosenstock v. Dessar
New York Supreme Court
Decided December 15, 1900Published
Action to recover the amount of a certificate of deposit signed by the defendants. Defense, pleas of the Statute of Limitations and Payment.
1Opinion of the CourtMcAdam, J.
The firm of Dessar, Stem & Go., then composed of the three first-named defendants and David Stem, made and delivered to the plaintiff’s testator an instrument in these words:
“ Rew Yobk, November 24, 1874.
“ Received from Mr. Levi Jacobs $1,500 on deposit, at 7 per cent.
“ Dessab, Stebn & Go.”
David Stern subsequently retired from the firm, and on May 15, 1896, died, and his executor, Joseph Stem, was joined as a party defendant on the allegation that the surviving members of the late firm were insolvent. The surviving members pleaded the six years’ and twenty years’ Statute of Limitations, and…
2Cases cited9 opinions
- Bean v. . TonneleNew York Court of Appeals · 1884
- MacY v. . WheelerNew York Court of Appeals · 1864
- Howell v. . AdamsNew York Court of Appeals · 1877
- Matter of Accounting of NeilleyNew York Court of Appeals · 1884
- Ferguson v. GillNew York Supreme Court · 1893
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