Shapiro Bros. Factors Corp. v. Harlem Sugar Co.

Pécora, J.

The question presented upon this motion to dismiss the complaint, pursuant to subdivision 6 of rule 107 of the Buies of Civil Practice, is whether the return on March 9, 1942, of fifteen dollars of the goods sold to defendant by plaintiff’s assignor constituted a payment on account of the indebtedness, removing the bar of the Statute of Limitations. Plaintiff contends that the return of merchandise after the statement of the account constituted payment on account of the balance found due, so that the six-year Statute of Limitations commenced to run anew from the date of the last…