¶1We do not think there is any merit in this motion, or in the case in which it is made. If Benjamin Wells owed plaintiff anything, we think it should have been collected seven years and six months after his death. Mills v. Mills, 115 N. Y. 85, 21 N. E. Rep. 714. The case, under all the facts and circumstances, was, we think, properly decided, and the motion for a reargument must be denied, but without costs.
16 N.Y.S. 707
Downs v. Wells
Decided December 14, 1891
New York Supreme Court · decided 1891-12-14
<p>Limitation op Actions—Running op Statute.</p> <p>In 1864 one T. gave a note to W., who was to collect the same, and. divide the amount between himself, plaintiff, and others. W. died in 1871, without having paid plaintiff’s share of the note, and in 1885 plaintiff sued W.’s administrators for the same. Held, that plaintiff’s claim was barred by limitation. 14 N. Y. Supp. 566, approved.</p>
Relies on Mills v. . Mills
Motion for reargument denied · Decided 1891-12-14