85 N.Y.S. 220 | N.Y. Sup. Ct. | 1903
Plaintiff may recover on the bond in question without reformation. Dodge v. St. John, 96 N. Y. 260; Tischler v. Fishman, 34 Misc. Rep. 172; Burnett v. Wright, 135 N. Y. 543.
The defendants contend that the action is one in equity for the reformation of the bond, and that as such action would be barred by the Statute of Limitations, the plaintiff cannot recover. With the contention that this is solely an equitable action, I do not agree. The complaint is framed
The plaintiff may have judgment for $1,703.95 with interest from October 30, 1902, and costs, and an additional allowance of five per cent.
Judgment for plaintiff.