Riley v. . Riley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought to recover $2,500, with interest thereon from May 1, 1882, which the complaint alleged belonged to plaintiff and had been received by Ashbel W. Biley, defendants’ testator. The Statute of Limitations was pleaded as a defense.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee. This action was brought to recover $2,500, with interest thereon from May 1, 1882, which the complaint alleged belonged to plaintiff and had been received by Ashbel W. Biley, defendants’ testator. The Statute of Limitations was pleaded as a defense. The facts, so far as material, are stated in the opinion. Plaintiff’s cause of action was not barred by the Statute of…
1Opinion of the CourtO’Brien, J.
The plaintiff was defeated in this action upon the ground that the cause of action was barred by the Statute of Limitations. That ruling presents the only question ' involved in this appeal. The learned referee deduced that conclusion from the following facts which he found: The plaintiff is the widow and the defendants - are the executors of Ashbel W. Riley, who died on the 3d of April, 1888. The deceased, several years before his death, owned some real estate, for the sale of which negotiations were pending and substantially completed, but the plaintiff, who had a dower right in the same,…
2Cases cited3 opinions
- Wood v. . YoungNew York Court of Appeals · 1894
- McLaughlin v. . WebsterNew York Court of Appeals · 1894
- Hall v. . BrennanNew York Court of Appeals · 1893
3Cited by4 opinions
- Cohoes Bronze Co. v. Georgia Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Galehouse v. Minneapolis, St. Paul, & S. S. M. R. Co.North Dakota Supreme Court · 1912
- Rhode v. Quinn Construction Co.Wisconsin Supreme Court · 1935
- Riley v. RileyNew York Supreme Court · 1894