Legal Opinion

Campbell v. Post

Appellate Terms of the Supreme Court of New York

Decided May 15, 1897Published

. Appeal by the plaintiff from a judgment of the justice of the Eighth District Court in favor of defendant. .The action was for money collected in 1881, and the defense was the'Statute of Limitations.

1Opinion of the CourtDaly, P. J.

The defense of the Statute of Limitations is made out upon the evidence arid the judgment cannot be disturbed. The claim is over fifteen years old and, although, for periods aggregating the greater part of that time, the defendant resided in Hew Jersey, he proved- seven years’ residence in this state. This is exclusive of the time in which he lived in Hew Jersey, and came, every day to business in Hew York, so that-we need not consider any questions with regard to that period. Conceding, as appellant contends, that coming to this city every day from another' state to business, did not…

2Cases cited2 opinions

  1. Cole v. . JessupNew York Court of Appeals · 1854
  2. Ford v. BabcockThe Superior Court of New York City · 1849

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