Titus v. . Poole
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for a breach of warranty on the sale of certain shares of stock.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for a breach of warranty on the sale of certain shares of stock. In February, 1883, the plaintiff, Titus, and defendants’ testator, E. Y. Poole, entered into an agreement whereby Poole was to purchase of Titus certain hotel property in the city of Ithaca at an agreed price of.…
1Opinion of the Court
Andrews, Ch. J.
The principal question arises upon the defense of the short Statute of Limitations applicable to claims against the estate of a decedent, presented to an executor or administrator after the publication of notice for the presentation of claims, pursuant to the order of the surrogate, and disputed or rejected by him and not referred. Section 1822 of the Code of Civil Procedure, which is -a substantial re-enactment of a provision in the Revised Statutes, declares that in such cases the claimant must commence an action for the recovery of the claim against the executor or…
2Cases cited3 opinions
- Shippen v. BowenSupreme Court of the United States · 1887
- Hayden v. . PierceNew York Court of Appeals · 1895
- Ellis v. . AndrewsNew York Court of Appeals · 1874
3Cited by51 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Vincent v. Money StoreDistrict Court, S.D. New York · 2013
- Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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