MEMMINGER v. MEMMINGER


2 Misc.2d 538 (1956)

Lena Memminger, Plaintiff, v. John Memminger et al., Defendants.

Supreme Court, Special Term, Erie County.

April 18, 1956.


Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger for defendants.

Maurice Frey for plaintiff.


MICHAEL J. MONTESANO, J.

The defendant Memminger moves, pursuant to rule 107 of the Rules of Civil Practice, to dismiss the complaint on the ground that the cause of action set forth therein did not accrue within 10 years, the time limited by law for the commencement of this action.

The defendant contends that section 53 of the Civil Practice Act, a 10-year Statute of Limitations, applies and began to run in 1941 at the time of the purchase of...

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