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8 N.Y. St. Rep. 161

Northrop v. Smith

The Superior Court of New York City · decided 1887-06-23

On December 21, 1868, the plaintiff was the owner of two United States registered bonds, which bonds were for the sum of $5,000 each, and numbered 2036 and 2037; on said day the plaintiff, at the request of defendants, delivered the bonds, endorsed by him in blank, to a firm composed of the defendants herein and one Starbuck, now dead, and the defendants gave him a receipt or certificate by which they acknowledged the receipt of the bonds, describing them specifically by…

Decided 1887-06-23

Per Curiam.

¶1The case was properly submitted to the jury. The transaction between the parties was of such a.' character that a special demand was necessary to set the statute of limitations running. Their being no competent evidence that a return of the bonds in question was demanded before June 22, 1886, the action is not barred by statue. None of the exceptions of the appellant seem to be well taken, and the verdict cannot be disturbed on the-facts.

¶2The judgment and order should be affirmed, with costs.

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