AACHEN & MUNICH FIRE INS. CO. v. GUARANTY TRUST CO.


24 F.2d 465 (1927)

AACHEN & MUNICH FIRE INS. CO. v. GUARANTY TRUST CO. OF NEW YORK.

District Court, S. D. New York.

September 19, 1927.


Attorney(s) appearing for the Case

Hartwell Cabell, of New York City, for plaintiff.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (William C. Cannon, Theodore Kiendl, and David E. Hudson, all of New York City, of counsel), for defendant.


THACHER, District Judge.

On motion for summary judgment in this case Judge Winslow decided that the action is one which, except for the provisions of sections 27 and 28 of the Civil Practice Act, would have been barred under section 48 of that act six years after it accrued; that the action accrued on March 26, 1917, or within a reasonable time thereafter, that section 27 is limited by section 28 of the Civil Practice Act, and that, if the action accrued on March...

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