Oaks v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Charles J. Oaks against Nicholas B. Taylor. From a judgment of nonsuit, plaintiff appeals.
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Appeal from trial term, Albany county. Action by Charles J. Oaks against Nicholas B. Taylor. From a judgment of nonsuit, plaintiff appeals. Tiie action was to recover $20,000, and interest thereon, upon the following contract: “In consideration of the sum of twenty thousand dollars in U. S. currency, paid to me by Charles J. Oaks, I, N. B. Taylor, of the city of Albany, have sold, transferred, and delivered to the said Charles J. Oaks two hundred shares of the stock of the Taylor Brewing and Malting Company of Albany. The sale of this stock is subject to the following conditions and…
1Opinion of the CourtLandon, J.
We think the statute of limitations did not begin to run from November 22, 1887, the date of the contract. Section 410, Code Civ. Proe., provides: “Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time within which the action must be commenced, must be computed from the time when the right to make the demand is com*776píete.” It is conceded that the case does not fall within any of the exceptions to the above section. The defendant’s argument rests upon the assumption that, since the plaintiff had the right to exercise his option at any time,…
2Cases cited4 opinions
- Mills v. . DavisNew York Court of Appeals · 1889
- Shutts v. . FingarNew York Court of Appeals · 1885
- King v. . MacKellarNew York Court of Appeals · 1888
- Bunn v. LettNew York Supreme Court · 1892
3Cited by1 opinion
- Vickrey v. MaierCalifornia Supreme Court · 1912