Majority
p. 24Oliver Downs, App'lt, v. Maria Wells et al., Adm’rs, Resp’ts. (Supreme Court, General Term, Second Department, Filed December 14, 1891.)
Headnote
Limitation—Negotiable paper—Death of maker.One T. made a note to defendant’s intestate in which he, plaintiff and others were interested, and died in 1871. Intestate died in 1883. In an action to recover plaintiff’s share of the note, Feld, that if intestate owed plaintiff anything it should have been collected seven and a half years after his death, and that the action was barred by the statute of limitations.
Motion for reargumept.
Action to recover plaintiff’s share of a note given to defendant’s intestate by one Tuthill. The facts appear in former report in 39 St. Rep., 40 .
Daniel W. Reeve, for motion ; Payne & Benjamin, opposed.
We do not think there is any merit in this motion or in the case in which it is made.
If Benjamin Wells owed plaintiff anything we think it should have been collected seven years and six months after his death. 115 N. Y.,'85 ; 23 St. Rep., 604 .
The case, under all the facts and circumstances, was, we think, properly decided, and the motion for a reargument must be denied, but without costs.
Barnard, P. J., and Dykman, J., concur.