Legal Opinion

Eldredge v. Mathews

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

Decided April 15, 1904PublishedCited by 2 opinions

. Appeal by the plaintiff, Thomas W. Eldredge,; from a judgment of the Supreme Court in favor of the defendant, entered in the> office "of the clerk of the county of Westchester on the 17th day of January, 1903, upon the verdict of a jury rendered by direction-of the court after a trial at the Westchester Trial Term.

1Opinion of the Court

Per Curiam :

This is an action upon a promissory note for '$2,500 made by the defendant’s intestate, on June 1, 1886, at Denver, in Colorado, while the maker was a resident of that State. The cause of action upon the.note accrued on March 1, 1889. ■ The maker died in New York January 7, 1899 ; the note and claim thereon were assigned to the *357plaintiff on February 6, 1900, and this action was commenced ten days later.

The defense was the Statute of Limitations. At the close of the evidence on bpth sidfes the plaintiff moved for the direction of a verdict on the ground that the defense had not…

2Cases cited1 opinion

  1. Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. Share v. CoatsSouth Dakota Supreme Court · 1912
  2. Herrmann v. KorefAppellate Terms of the Supreme Court of New York · 1905

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