Aachen & Munich Fire Ins. v. Guaranty Trust Co. of New York

(after stating the facts as above). Upon the foregoing facts three contentions may be made on behalf of the defendant:(1) That the plaintiff is vested with' no right of action, because of the seizure of the claim in question by the Alien Property Custodian on November 18, 1918.(2) That the cause of action set forth in the complaint is for the breach of a contract which occurred before the plaintiff was under any disability because of the war; that by reason of section 28 of the New York Civil Practice Act it could not avail itself of any disability caused by the war, inasmuch as such…