Bennett v. Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert C. Watson', from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of .New York on the 13th day of February, 1897, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury.
Read the full summary
Appeal by the defendant, Robert C. Watson', from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of .New York on the 13th day of February, 1897, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury. The action was brought to recover a balance alleged to-be due for money loaned to the firm of Watson & Bartholow, composed of-the defendants, Robert 0. Watson and John M. 0. Bartholow,, between July .31 and October 12, 1885. The appellant Watson alone answered the complaint. He…
1Opinion of the Court
Barrett, J. :. We agree with the learned judge at Trial Term that the Statute of Limitations did not run against the plaintiffs? claim during the period of Mr. Watspn’s absence in Florida and Europe. It is quite clear that during this period Mr. W atson was not a resident of this State, but resided first in Florida and later in Europe. The appeh lant’s contention is based upon an erroneous view of the meaning of the word “ -residence,” as applied to the Statute of Limitations. The appellant treats it as equivalent to “ domicile.” Section 401 of the Code, however, does not require a change of…
2Cases cited7 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- People v. . PlattNew York Court of Appeals · 1889
- Shaw v. . CockNew York Court of Appeals · 1879
- Hart v. . KipNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Morek v. SmolakAppellate Division of the Supreme Court of the State of New York · 1935
- Parker v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- Fidelity & Deposit Co. v. SheahanSupreme Court of Oklahoma · 1913
- Watkins v. FrommAppellate Division of the Supreme Court of the State of New York · 1985