257 A.D. 30 | N.Y. App. Div. | 1939
The suit is upon the following instrument:
“ This is to certify and acknowledge that I owe my brother Frank J. Hoag Fifty Thousand Dollars for a $3,000.00 loan and having caused him a permanent personal injury and money loss, and in case of my death I direct and instruct my executors or administrator to pay him this sum his heirs or assigns, from the assets of my estate; payable at his home. Interest after demand Attorney fees if dishonored.
“ $50,000.00
Your brother
$50,000.00
Only
Chas. H. Hoag.
Only
“ New York
July 24, 1890 ”
In the present instance recovery is barred by the Statute of Limitations. (Civ. Prac. Act, § 48.) The judgment should be affirmed, with costs.
All concur. Present — Sears, P. J., Crosby, Lewis, Cunningham: and Taylor, JJ.
Judgment affirmed, with costs.