Wilkenfeld v. Attic Club

(xbeehbaijm;, J.

Plaintiff sues to recover $6,165.33, alleged to have been “ paid to the defendants and received by them in payment of certain wagers made by plaintiff in certain games of cards.” One of the defendants in his answer sets up as a separate defense “ that the cause or causes of action stated in the complaint did not, nor did any or either of them, accrue within three calendar months before the commencement of this action, and that this action is barred by the Statute of Limitations.” To this defense the plaintiff demurs upon’ the ground that it is insufficient in law upon the face…