DONOHUE v. FIRST TRUST CO.


1 Misc.2d 443 (1955)

Katherine A. Donohue, Individually and as Executrix of Francis E. Donohue, Deceased, Plaintiff, v. First Trust Company of Albany, Defendant.

Supreme Court, Special Term, Albany County.

October 12, 1955.


Attorney(s) appearing for the Case

Eugene P. Devine for defendant.

John M. Schneider for plaintiff.


HAMM, J.

The defendant has moved under subdivision 5 of rule 107 of the Rules of Civil Practice to dismiss the plaintiff's complaint on the ground that the alleged cause of action set forth therein "did not accrue within the time limited by law for the commencement of an action thereon." In 1934, the plaintiff's testator, Frank E. Donohue, was indebted to the defendant on three notes in the total amount of $9,150. In that year the defendant demanded additional...

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