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Davis v. Collins

Flora Davis v. William A. Collins

Davis v. Collins, 138 Misc. 740 (1930)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 30, 1930
Citations
138 Misc. 740247 N.Y.S. 2571930 N.Y. Misc. LEXIS 18631930 N.Y. App. Div. LEXIS 14027

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

We think the cause of action on the note first maturing is saved from our six-year Statute of Limitations by the provisions of section 19 of the Civil Practice Act. (Laurencelle v. Laurencelle, 217 App. Div. 159 .) We also think that both causes of action arose in Virginia within the meaning of section 13 of the Civil Practice Act (Hibernia Nat. Bank v. Lacombe, 84 N. Y. 367 ; Laurencelle v. Laurencelle, supra), but that they are saved from the operation of the Virginia statute, and, therefore, from the provisions of section 13 of the Civil Practice Act, by defendant’s absence from the State. (Va. Code, § 5825; Ficklin v. Carrington, 72 Va. 219 ; Cheatham’s Admr. v. Aistrop’s Admr., 97 id. 457.) We are also of the opinion that the notes had their inception only upon their receipt and acceptance by the payee in Ohio and that the Virginia statute against usury, therefore, had no application.

Judgment affirmed, with costs.

All concur; present, Lydon, Peters and Frankenthaler, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1945: 11958: 11968: 119452026peak 1945 · 1

Relies on it most ⓘ

  1. Kots v. Sachs185 Misc. 224 (1945)
  2. People v. Valcarcel9 Misc. 2d 1096 (1958)
  3. Crisafulli v. Childs58 Misc. 2d 255 (N.Y. Sup. Ct. 1968)

Most recent

  1. Crisafulli v. Childs58 Misc. 2d 255 (N.Y. Sup. Ct. 1968)
  2. People v. Valcarcel9 Misc. 2d 1096 (1958)
  3. Kots v. Sachs185 Misc. 224 (1945)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Laurencelle v. Laurencelle, 217 A.D. 159 (1926) 4
Hibernia Nat'l Bank v. Lacombe, 84 N.Y. 367 (1881) 101

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