Clare v. Lockard
New York Supreme Court
Appeal from a judgment entered upon a verdict rendered at a trial before a jury, which rendered a verdict absolutely for a portion of the plaintiff’s claim, and a verdict for the balance subject to the opinion of the court. Judgment", being ordered by the court for the plaintiff, on the verdict. The facts are stated in the opinion.
1Opinion of the CourtVast Wyck, J.
This is an appeal from a judgment in favor of plaintiff against the defendant on a promissory note. Defendant insists that the cause of action is barred by the Statute of Limitations. Whether it is or not, is the only ■question submitted to our consideration.
The note fell due May 20, 1880, and the six years limitation for bringing an action on such cause of action expired' May 20,1886. Two days before this period expired—to wit: on May 18—the summons was duly issued to the sheriff for service. Within sixty days from May 20—to wit: on June 9 —the summons was served by substituted service, by…
2Cases cited7 opinions
- Blossom v. . EstesNew York Court of Appeals · 1881
- Mojarrieta v. . SaenzNew York Court of Appeals · 1880
- Catlin v. . RickettsNew York Court of Appeals · 1883
- Pelly v. NaylorNew York Supreme Court · 1891
- Schwinger v. HickoxSuperior Court of Buffalo · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Toole v. TooleNew York Court of Appeals · 1889