Legal Opinion

Irwin v. Charles J. Tagliabue Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1945Published

1Opinion of the Court

Action to recover specified portions of the proceeds of certain life insurance policies. The proceeds were paid to the defendant on June 26, 1936, and June 29, 1936. The action to recover, based on a breach of alleged agreements, made during the lifetime of the insured, to pay the same to the plaintiff, was begun on July 12, 1945. The defendant moved under rule 107 of the Rules of Civil Practice to dismiss the complaint on the ground that the two causes of action therein were barred by the six-year Statute of Limitations. (Civ. Prac. Act, § 48.) The plaintiff, contended that the ten-year…

2Cases cited4 opinions

  1. Keys v. LeopoldNew York Court of Appeals · 1925
  2. Mills v. . MillsNew York Court of Appeals · 1889
  3. Wood v. . YoungNew York Court of Appeals · 1894
  4. Cohen v. HughesNew York Court of Appeals · 1943

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