Van Ness v. . Kenyon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 10, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 10, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The notice served upon the respondent is sufficient, within the terms and meaning of section 1822 of the Code of Civil Procedure, to start in operation the short Statute of Limitations therein provided. (Matter of Jacobs, 109 App. Div. 293; Matter of Mudge, 118 N. Y. Supp. 568; Dawbarn v. Fleischmann, 146 App. Div.…
1Opinion of the CourtHiscook, J.
The plaintiff, as executor of one Whitaker, brought this-action to recover on three several claims which arose in behalf of the estate represented by him subsequently to the death of his testator. Two of these claims were not in any way disputed by the defendant, but he set forth in his answer three counterclaims alleged to have accrued against the testator during his lifetime, and upon which the verdict of the jury and the judgment now appealed from was and is in his favor. Plaintiff did not challenge the right of defendant to prosecute the said counterclaims in this action if otherwise…
2Cases cited8 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- De Lavallette v. . WendtNew York Court of Appeals · 1879
- Lyon v. PettyCalifornia Supreme Court · 1884
- Patrick v. PettySupreme Court of Alabama · 1887
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3Cited by11 opinions
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- San Francisco Bank v. St. ClairCalifornia Court of Appeal · 1941
- Woodmere Academy v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 1925
- Steingut v. Guaranty Trust Co. of New YorkDistrict Court, S.D. New York · 1944
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