Ulster County Savings Institution v. Deyo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Ulster County Savings Institution, from portions of a'judgment of the Supreme Court in favor of cer« tain of the defendants, entered in the office of the clerk of the county of Ulster on the 3d day of.
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Appeal by the plaintiff, The Ulster County Savings Institution, from portions of a'judgment of the Supreme Court in favor of cer« tain of the defendants, entered in the office of the clerk of the county of Ulster on the 3d day of. July, 1906, upon the decision of the court adjudging that the defendants, • the administrators of Solomon Deyo, are not liable for a deficiency upon the foreclosure of a mortgage sought to be foreclosed in the action! The action is brought to foreclose á mortgage given by the Hew Paltz Literary Association, a domestic corporation, upon the 22d day of • September,…
1Opinion of the Court
Smith, J.:
More than twenty years had elapsed since tne accruing of the liability of Solomon Deyo, prior to the commencement of the action. The bar of the Statute of Limitations is sought to be avoided by certain payments of interest made by Solomon Deyo during the years from 1899 to 1903. The sole question for determination is as to the effect of these payments of interest as being such a renewal of the obligation as to prevent the running of the statute. Solomon Deyo was the secretary and treasurer of the corporation. From the real estate owned by the corporation the rents were collected .…
2Cases cited6 opinions
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Littlefield v. . LittlefieldNew York Court of Appeals · 1883
- Blair v. LynchNew York Court of Appeals · 1887
- Matteson v. PalserAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peoples Trust Co. v. O'NeilNew York Court of Appeals · 1937
- Brooklyn Savings Bank v. Wechsler EstateNew York Court of Appeals · 1932
- Brill v. BrandtNew York Supreme Court · 1941
- Lupfer v. StateNew York Court of Claims · 1922
- Patterson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.