WILLIAMS v. CLARK


202 Misc. 1022 (1952)

Glyndwr Williams, Plaintiff, v. Thomas R. Clark, as Treasurer of American Express Company, an Unincorporated Association, Defendant.

Supreme Court, Special Term, Broome County.

April 10, 1952.


Attorney(s) appearing for the Case

Edwin H. Krom and Peter Mead Abel for defendant.

Maurice P. O'Brien for plaintiff.


McAVOY, J.

This is a motion by defendant, pursuant to subdivision 6 [now subd. 5] of rule 107 of the Rules of Civil Practice, for judgment dismissing the complaint herein on the ground that the cause of action alleged did not accrue within the time limited by law for the commencement of an action thereon.

The complaint alleges that plaintiff in the first week of January, 1946, purchased from an agent...

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