Van Wagonen v. . Terpenning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 1, 1887, which affirmed a judgment in favor of defendant entered upon the report oí a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 1, 1887, which affirmed a judgment in favor of defendant entered upon the report oí a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The only question presented for the consideration of the court is, did the injunction order suspend the operation of the Statute of Limitations ? If not the plaintiff must fail, otherwise the judgment must be reversed. (Code Civ. Pro. § 105; Fincke v. Funcke, 25 Hun, 616; Lansing v.…
1Opinion of the CourtBradley, J.
This action was commenced in January, 1883, to recover for the alleged conversion by the defendant of a quantity of personal property. The finding of the referee that the alleged cause of action accrued in April or May, 1875, was warranted by the evidence, and his conclusion that the plaintiff was not entitled to recover must be sustained unless the operation of the Statute of Limitations, in its application to the plaintiff’s cause of action, was suspended for some and sufficient time to relieve it from that defense. And that is dependent upon the effect of a' temporary injunction order made…
2Cases cited5 opinions
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- McQueen v. BabcockNew York Court of Appeals · 1867
- McQueen v. BabcockNew York Supreme Court · 1863
- Parker v. WakemanNew York Court of Chancery · 1843
- McQueen v. BabcockNew York Court of Appeals · 1867
3Cited by2 opinions
- Lagerman v. CasserlySupreme Court of Minnesota · 1909
- Maine Products Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1906