Majority
p. 672Charles M. Camp, as Executor of Ellen P. Kellogg, Deceased, Appellant, v. Alfred G. Reeves et al., Individually and as Copartners under the Firm Name of Reeves, Todd & Swain et al., Respondents, Impleaded with Others. Ethel T. Kellogg, as Executrix of John P. Kellogg, Deceased, Appellant, v. Alfred G. Reeves et al., Individually and as Copartners under the Firm Name of Reeves, Todd & Swain et al., Respondents, Impleaded with Others. Alva E. Belmont, Appellant, v. Alfred G. Reeves et al., Individually and as Copartners under the Firm Name of Reeves, Todd & Swain et al., Respondents, Impleaded with Others. (Argued May 12, 1925; decided June 9, 1925.)
Headnote
Limitation of actions — attorney and client — failure by attorneys to inform client of facts knowledge of which might have prevented loss — action not brought within six years thereafter' barred by Statute of Limitations.Camp v. Reeves, 209 App. Div. 488 ; Kellogg v. Reeves, 209 App. Div. 496 ; Belmont v. Reeves, 209 App. Div. 497 , affirmed.
Appeal, in each of the above-entitled actions, from a judgment entered June 12, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion of defendants, respondents, for a dismissal of the complaint as to them and granted said motion. The actions were brought to recover for failure of defendants, respondents, attorneys at law, to inform plaintiffs who, in various capacities, were their clients as to the theft, dishonesty and criminality of a partner, whereby the plaintiffs suffered loss. The Appellate Division held that the actions were barred by the Statute of Limitations.
Vincent H. Rothwell, George Gordon Battle, Harold Harper and Albert C. Rothwell for appellants.
Frederick Collin for respondents.
p. 673
Judgment in each case affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Cardozo, J.