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Crocker v. Ireland

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1932
235 App. Div. 760 (N.Y. App. Div. 1932)

Opinion

March, 1932.

Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ. [ 141 Misc. 418.]


Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on the grounds: 1. That the language of the alleged waiver is not sufficiently clear to warrant a construction that it comprehended waiver of the Statute of Limitations. 2. Under the authorities the Statute of Limitations may not be waived in the original contract, that is, at the inception of liability. ( Shapley v. Abbott, 42 N.Y. 443; Watertown National Bank v. Bagley, 134 App. Div. 831; Smith v. Wagner, 106 Misc. 170; Crawford v. Lockwood, 9 How. Pr. 547; Civ. Prac. Act, § 10.) (See, also, Harvard Law Review, vol. XLV, p. 592.) All concur, Taylor and Edgcomb, JJ., solely upon the first ground stated.


Summaries of

Crocker v. Ireland

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1932
235 App. Div. 760 (N.Y. App. Div. 1932)
Case details for

Crocker v. Ireland

Case Details

Full title:FRANK MERRIAM CROCKER, as Executor, etc., of MERRIAM N. CROCKER, Deceased…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1932

Citations

235 App. Div. 760 (N.Y. App. Div. 1932)

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