New York Supreme Court, 1891

Downs v. Wells

Downs v. Wells
New York Supreme Court · Decided December 14, 1891 · Pratt
16 N.Y.S. 707; 42 N.Y. St. Rep. 24; 1891 N.Y. Misc. LEXIS 2199 (New York Supplement)

Counsel

Daniel W. Reeve, for appellant. Payne & Benjamin, for respondents.

Downs v. Wells

Opinion of the Court

Pratt, J.

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. Mills v. Mills, 115 N. Y. 85, 21 N. E. Rep. 714. 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.

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