Legal Opinion

Engel v. . Fischer

New York Court of Appeals

Decided June 1, 1886PublishedCited by 14 opinions

Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made at the November term, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 19 J. & S. 71.) The nature of the action and the material facts are stated in the opinion.

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Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made at the November term, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 19 J. & S. 71.) The nature of the action and the material facts are stated in the opinion. The defendant, having been in this State when the cause of action accrued, and having remained therein uninterruptedly until the commencement of this action, a period of ten years, the statute of limitations has run against this claim.…

1Opinion of the CourtEarl, J.

This action was commenced against the defendant as acceptor of a bill of exchange payable three months after date, drawn on the 1st day of May, 1873, at Vienna, Austria, for three thousand six hundred gulden, equivalent in our money to $1,512. The defense interposed is that the cause of action was barred by the statute of limitations.

The facts are these: The defendant resided in Austria, where . he accepted the bill, and soon thereafter he absconded, and in July, came to the city of New York, and there he has ever since resided. On reaching New York, for the purpose of concealing himself from…

2Cases cited6 opinions

  1. Cole v. . JessupNew York Court of Appeals · 1854
  2. Poillon v. . LawrenceNew York Court of Appeals · 1879
  3. Hill v. BellowsSupreme Court of Vermont · 1843
  4. Ford v. BabcockThe Superior Court of New York City · 1849
  5. Didier v. DavisonNew York Court of Chancery · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Barney v. OelrichsSupreme Court of the United States · 1891
  2. Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
  3. Penfield v. Chesapeake, Ohio & South Western RailroadSupreme Court of the United States · 1890
  4. Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
  5. De Vito v. New York Central SystemAppellate Division of the Supreme Court of the State of New York · 1965

9 more not listed; retrieve them via the Exa API.

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