Klotz v. Angle

166 A.D. 963, 151 N.Y.S. 1125

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 15, 1915
• Status: Published

Opinion

Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented 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.

See Revised Statutes (1909), §§ 1887, 1889; Statute of Limitations.— [Rep.