Nash v. . White's Bank of Buffalo
Cases that cite this one
10 later published cases cite this decision.
- In re Estate of Prout (New York Supreme Court 1889)
- Spokane & Eastern Trust Co. v. Hart (Wash. 1923)
- Young v. City of Rochester (Appellate Division of the Supreme Court of New York 1902)
- In re Arnett's Estate (New York Supreme Court 1888)
- Young v. City of Rochester (Appellate Division of the Supreme Court of New York 1902)
- Bank of Metropolis v. . Faber (N.Y. 1896)
- People v. Ulster & Delaware Railroad (N.Y. 1891)
- In re City of Buffalo (Superior Court of Buffalo 1891)
- Kissam v. People (New York Surrogate's Court 1888)
- In re Kissam's Estate (New York Surrogate's Court 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We are of opinion that the effect of the act of 1880 (Chap. 567) was to repeal the penalties imposed by chapter 163 of the laws of 1870, and that consequently this action, which was brought under the act of 1870, could no longer be maintained, the act of 1880 containing no provision saving pending actions or existing rights of action.
The provisions of the general repealing act of 1828 (§§ 6, 7) related only to the acts repealed by that statute and had no effect on subsequent legislation. (Mongeon v. People, 55 N. Y. 613.)
If the act of 1870 was repealed by the act of 1880 the subsequent legislation cannot affect this case, for it could not revive an extinguished cause of action.
The judgment should be reversed and complaint dismissed.
All concur, except Danfokth, J., not voting.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.