Fearing v. Glenn
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This is a writ of error by George R. Fearing, the defendant in the court below, to review a judgment entered upon the verdict of a jury rendered by the direction of the trial judge.
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In Error to the Circuit Court of the United States for the Southern District of New York. This is a writ of error by George R. Fearing, the defendant in the court below, to review a judgment entered upon the verdict of a jury rendered by the direction of the trial judge. The action was brought to recover of the defendant Awo assessments or judicial calls upon the stockholders of the National Express & Transportation Company, a corporation of the state of Virginia, ordered by decrees of the circuit court of Henrico, county, Va. The complaint proceeded upon two causes of action, the first being…
1Opinion of the CourtWallace, Circuit Judge
(after stating the facts as above). The statute of limitations was not a bar to a recovery on the first cause of action. It is not disputed that the; cause of action accrued, and the statute of limitations begau to run, at the time of the assessment or judicial call ordered by the decree of the Virginia court, which, as to flic first cause of action, was December Id, 1889. The defendant at that time resided in the state of Rhode Island, and since 1872 has not been a resident of New York; and the action, not having been brought by a resident of this state, should have been commenced within the…
2Cases cited7 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- McCluny v. SillimanSupreme Court of the United States · 1830
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Thorington v. GouldSupreme Court of Alabama · 1877
- Furnald v. GlennCourt of Appeals for the Second Circuit · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schuckman v. RubensteinCourt of Appeals for the Sixth Circuit · 1947
- Harley & Lund Corporation v. Murray Rubber Co.Court of Appeals for the Second Circuit · 1929
- Gallagher v. CarrollDistrict Court, E.D. New York · 1939
- Walton v. United StatesCourt of Appeals for the Eighth Circuit · 1934
- Inventions Corp. v. HobbsCourt of Appeals for the Second Circuit · 1917
4 more not listed; retrieve them via the Exa API.