Ahrens v. Guaranty Trust Co.
This text of 125 Misc. 443 (Ahrens v. Guaranty Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are of the opinion that as the case went to the jury, there was no clearly stated instruction upon the subject of the time when the Statute of Limitations commenced to run. As matter of law, the statute commenced to run upon the date fixable as the date upon which a reasonable time expired within which defendant should have performed. We are of the opinion that, because of the conditions then prevalent in Europe and then obtaining in over-seas transmission, the period of reasonableness of time was fixable by the jury as matter of fact.
Judgment reversed and new trial ordered, with costs to appellant to abide the event.
All concur; present, Bijur, Mullan and Proskauer, JJ.
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Cite This Page — Counsel Stack
125 Misc. 443, 211 N.Y.S. 283, 1925 N.Y. Misc. LEXIS 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahrens-v-guaranty-trust-co-nyappterm-1925.