Klotz v. Angle — 151 N.Y.S. 1125

Majority

p. 1125

KLOTZ, Appellant, v. ANGLE et al., Respondents.

(Supreme Court, Appellate Division, Fourth Department.

January 6, 1915.)

Headnote

Action by Lyman E. Klotz against Wesley M. Angle and others.

Judgment affirmed, with costs.

KRUSE, P. J., dissents, upon the ground that, assuming that the Missouri statute applies, . questions of fact were presented by the evidence as to whether the discovery by the aggrieved party of the facts constituting the fraud was within the time limited for the commencement of the action under the Missouri statute.