Thacher v. Hope Cemetery Ass'n
New York Court of Appeals
Appeal from judgment of the general term of the supreme •court in the fifth judicial department, entered upon an order, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint.
1Opinion of the CourtO’Brien, J.
On the trial which resulted in the judgment now under review, the referee held that the plaintiff’s entire claim was barred by the six years’ statute of limitations, and dismissed the complaint. The question now argued by the learned counsel for the plaintiff is whether the method of computation adopted and the rule for the application of payments were correct or in accordance with the terms of the contract. The trial proceeded upon the principle that, under the decision in the case when it was here on a former appeal (126 N. Y. 510; 38 St. Rep. 510), at least a considerable portion of the…
2Cases cited2 opinions
- Thacher v. Hope Cemetery Ass'nNew York Court of Appeals · 1891
- King v. . GalvinNew York Court of Appeals · 1875