Mason v. . Henry
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered January 28, 1895, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial.
Read the full summary
Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered January 28, 1895, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The plaintiff, as the receiver of the defunct Widows and-Orphans’ Benefit Life Insurance Company, commenced this action against the defendants’ testator to compel him to account for the property, assets and effects belonging to that company and which were in the possession, or under the control, of him and his associates, as the trustees of…
1Opinion of the CourtGray, J.
The reversal of the judgment by the General Term was upon the ground that the action was barred by the Statute of Limitations, which was in operation at the time of its commencement, and upon this appeal the only question, argued or presented, is the correctness of that proposition.
As the action was commenced in April, 1879, it came under subdivision 3 of section 414 of chapter 4 of the Code of Civil Procedure, which excepts from its provisions the case of an action commenced before the expiration of two years after the act took effect; which was on September 1st, 1877. Section 91 of the…
2Cases cited8 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Hun v. . CaryNew York Court of Appeals · 1880
- Butler v. . JohnsonNew York Court of Appeals · 1888
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Potter v. WalkerNew York Court of Appeals · 1937
- Becker v. BillingsIllinois Supreme Court · 1922
- Dickinson v. BurnhamCourt of Appeals for the Second Circuit · 1952
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
41 more not listed; retrieve them via the Exa API.