KENDALL v. OAKLAND GOLF CLUB


282 A.D. 1057 (1953)

Messmore Kendall et al., Suing on Their Own Behalf and on Behalf of All Other Similarly Situated Former Members of Oakland Golf Club Holding Certificates of Indebtedness of Said Club, Appellants, v. Oakland Golf Club et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1953.


Order and judgment, insofar as appealed from, affirmed, with $10 costs and disbursements.

The first cause of action is to reform the certificates of indebtedness, delivered twenty-five years prior to the commencement of this action, on the ground of mutual mistake. The cause of action was dismissed on the ground that it was barred by the ten-year Statute of Limitations. (Civ. Prac. Act, § 53.) Plaintiffs contend that the statute began to run, not from the time...

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