AMERICAN SURETY COMPANY OF NEW YORK v. GAINFORT

No. 150, Docket 23268.

219 F.2d 111 (1955)

AMERICAN SURETY COMPANY OF NEW YORK, Plaintiff-Appellee. v. John H. C. GAINFORT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 1, 1955.


Attorney(s) appearing for the Case

Walter Higgins, New York City, for plaintiff-appellee.

Lyle Evans Mahan, New York City, for defendant-appellant.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


CLARK, Chief Judge.

This is a defendant's appeal from a judgment rendered upon two California judgments of 1935, which normally would be enforceable in New York for twenty years. See N.Y. Civil Practice Act § 44. But New York's borrowing statute, N.Y.C.P.A. § 13, incorporates the shorter five-year period of limitations of California, Cal.Code Civ.Proc. § 336, where the claims arose, and thus would bar them except for the effect of another California...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases