Young v. . Ingalsbe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 20, 1912, modifying, and affirming as modified, a judgment in favor of defendant entered upon ' the report of a referee. The nature of the action and the facts, as far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 20, 1912, modifying, and affirming as modified, a judgment in favor of defendant entered upon ' the report of a referee. The nature of the action and the facts, as far as material, are stated in the opinion. The sale of the books was not void by the Statute of Frauds, and operated as a payment, taking the claim out of the operation of the Statute of Limitations. (Cons. Laws, ch. 41, § 31; Brabin v. Hyde, 32 N. Y. 519; Bissell v. Balcom, 39 N. Y. 275; Jones v. Reynolds, 120…
1Opinion of the CourtCollin, J.
The plaintiff claimed, as a creditor, a sum from the estate of Lyman H. Northup, deceased. The Statute of Limitations barred his recovery (except as to ' one item allowed, by the judgment of the Appellate Division) unless a transaction between the plaintiff and the deceased constituted a sale by the latter to the former of his interest in certain books and the crediting by the former of the price upon the indebtedness, and prevented its application. The question for our determination is: Did the transaction effect that result ?
The transaction as found by the referee was: The plaintiff and the…
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