United States Trust Co. v. Stanton — 145 N.Y. 620

Majority

p. 620

United States Trust Company of New York, as Substituted Trustee, etc., Appellant, v. Philip V. R. Stanton, Impleaded, etc., Respondent.

(Argued March 5, 1895;

decided March 19, 1895.)

Headnote

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, dismissed the complaint and awarded final judgment in favor of defendant.

p. 621

Edward W. Sheldon, for appellant.

Josiah T. Marean, for respondent.

Agree to affirm on the defense of the Statute of Limitations ; no opinion.

All concur, except Gray and Bartlett, JJ., dissenting. Judgment affirmed.