Erbe v. Lincoln Rochester Trust Co.

The complaint has been dismissed as to the plaintiffs Erbe upon motion under rule 107 of the Rules of Civil Practice upon the ground that the action was not commenced within the time limited by the Statute of Limitations. It was dismissed as to the plaintiff Yawman as executrix upon the ground that the cause or causes of action contained therein are barred by a release. The individual cause of action of the plaintiff Yawman was severed and dismissed with leave to serve an amended complaint. The plaintiffs appeal from the order dismissing the complaint and from the judgment entered thereon and…