Gates v. Andrews
New York Court of Appeals
Appeal from the general term of the Supreme Court, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been reversed, and a new trial awarded; the plaintiff giving the usual stipulation.
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Appeal from the general term of the Supreme Court, where a judgment rendered in favor of the plaintiff, in a case tried before the court, without a jury, had been reversed, and a new trial awarded; the plaintiff giving the usual stipulation. This was an action by T. B. Gates, receiver of the effects of the firm of Bridger & Bishop, against G. V. N. Andrews and others, their assignees for the benefit, of creditors, to recover the assets of the firm in the hands of the defendants. The facts are sufficiently stated in the opinion. The case was tried before the court without a jury, and the judge…
1Opinion of the CourtGrover, J.
But a few months elapsed after the recovery of the judgment against Bridger & Bishop, and the return of the execution issued thereon, before the commencement of this action. It is clear, that an action like the present cannot be maintained, until after the 'return of an execution, in whole or part, unsatisfied. It is insisted, by the counsel for the plaintiff, that the cause of action, within the meaning of the statute of limitations, does not accrue, until the right to maintain the action is perfect. Upon the part of the defendant, it is claimed, that the cause of action accrues, and the…
2Cases cited5 opinions
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Welles v. . MarchNew York Court of Appeals · 1864
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
- Merrill, Townsend & Boynton v. EnglesbySupreme Court of Vermont · 1855
- Nicholson v. LeavittNew York Court of Appeals · 1852