Sheldon v. Heaton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Sheldon, as administrator, etc., of Mary E. Sheldon, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 5th day of February, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on 'the 8th day of April, 1896, denying the plaintiff’s motion for a new trial made upon…
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Appeal by the plaintiff, John J. Sheldon, as administrator, etc., of Mary E. Sheldon, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 5th day of February, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on 'the 8th day of April, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 9th of May, 1893, and is based upon an instrument, of which the following…
1Opinion of the Court
Merwin, J.:
Upon the first trial of this action a nonsuit was granted upon the ground that an action could have been brought at once on the instrument without any demand other than the beginning of the action, and that, therefore, the action was barred by the Statute of Limitations. Upon appeal to the General Term the judgment was reversed (88 Hun, 535), it being held that there was no right of action until after a demand, and that, therefore, the statute was not a bar, as the demand, as shown, was made shortly before the commencement of the action. It also seems to have been held that,…
2Cases cited3 opinions
- Bean v. . TonneleNew York Court of Appeals · 1884
- Sheldon v. HeatonNew York Supreme Court · 1895
- Lyon v. AddeNew York Supreme Court · 1872
3Cited by2 opinions
- Oneida National Bank & Trust Co. v. KranzNew York Supreme Court · 1972
- Rosenstock v. DessarNew York Supreme Court · 1900