Scholen v. Guaranty Trust Co.
New York Court of Appeals
I. Tbe order appealed from should be reversed and tbe certified question answered in tbe negative. Tbe controlling statute is section 48, subdivision 1, of tbe Civil Practice Act, which provides that an action upon a contract obligation or liability express or implied must be commenced within six years after tbe cause of action accrued.
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I. Tbe order appealed from should be reversed and tbe certified question answered in tbe negative. Tbe controlling statute is section 48, subdivision 1, of tbe Civil Practice Act, which provides that an action upon a contract obligation or liability express or implied must be commenced within six years after tbe cause of action accrued. The present action was begun more than nine years after tbe alleged breach of tbe contract. {New York & Boston Despatch Express Go. v. Gar-roll, 170 App. Div. 197; Keys v. Leopold, 241 N. Y. 189; Ochs v. Woods, 221 N. Y. 335; Brick v. Gohn-Eall-Marx Co., 276…
1Opinion of the CourtLoughran, J.
Plaintiff sues as limited administrator the will annexed of Frederick B. Aebly, deceased. Guaranty Trust Company of New York is the defendant. A previous contest between the same parties in respect of the same subject matter was heretofore dealt with by this court (288 N. Y. 249). Following our decision of that appeal, the plaintiff discontinued the former controversy and commenced the present action.
This complaint like its predecessor contains two causes of action. The first cause is new to a degree and is this in substance: The last will and testament of the plaintiff’s testator named the…
2Cases cited5 opinions
- Northrop v. . HillNew York Court of Appeals · 1874
- Eno v. . WoodworthNew York Court of Appeals · 1850
- Scholen v. Guaranty Trust Co.New York Court of Appeals · 1942
- Crowley v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1904
- Campbell v. CulverAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Scholen v. Guaranty Trust Company of New YorkNew York Court of Appeals · 1944