Better v. Prudential Insurance
New York Court of Common Pleas
Appeal from fourth district court. Action by Max Better against the Prudential Insurance Company. Brom a judgment for plaintiff defendant appeals. Code Civil Proc.
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Appeal from fourth district court. Action by Max Better against the Prudential Insurance Company. Brom a judgment for plaintiff defendant appeals. Code Civil Proc. N. Y. § 414, provides that “ the provisions of this chapter apply, and constitute the only rules of limitation applicable to a civil action or special proceeding, except in one of the following cases: (1) A case where a different limitation is specially prescribed by law, or a shorter limitation is prescribed by the written contract of the parties.”
1Opinion of the CourtBookstaver, J.
This action was brought to recover “money deposited as security” for plaintiff’s faithful performance of his duty as a collector for the defendant. Various grounds for the appeal were argued, but it is necessary to notice two of. them only. By the terms of the agreement between the parties, it was expressly stipulated that the plaintiff should commence no action either at law or in equity until 10 days after service on the president or secretary of the defendant of a written statement of the particulars and amount of the plaintiff’s claim against the defendant. There is no claim that this…
2Cited by3 opinions
- Prudential Insurance v. MeyersIndiana Court of Appeals · 1896
- Feingold v. Ocean Steamship Co. of SavannahAppellate Terms of the Supreme Court of New York · 1909
- Appel v. Metropolitan Life InsuranceCity of New York Municipal Court · 1935