Seaman v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert W. Seaman, as trustee of the estate of Eliza Eagle, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 29th day of April, 1902, setting aside two judgments previously- entered in the action.
1Opinion of the Court
Hirschberg, J.:
The action was brought just before the expiration of twenty years to renew six deficiency judgments in foreclosure, which had been' recovered by the plaintiff’s predecessor as trustee, against the defendants’ testator. The defendants pleaded both the Statute of Limitations and actual payment. On the trial the learned trial justice' directed judgment in favor of the plaintiff, but afterwards permitted an amendment of the defendants’ answer by which the operation of the Statute of Limitations was asserted as of the date of the answer instead as of the date of the commencement of…
2Cases cited8 opinions
- Daby v. . EricssonNew York Court of Appeals · 1871
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1901
- Thompson v. WeldeAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. . FrankfieldNew York Court of Appeals · 1879
- In re Mayer's EstateNew York Supreme Court · 1895
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3Cited by3 opinions
- Claim of Metcalf v. Firth Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Archer v. ArcherAppellate Division of the Supreme Court of the State of New York · 1916
- Armstrong Manufacturing Co. v. ThompsonAppellate Terms of the Supreme Court of New York · 1904