 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1908 - 836 pages
...provisions of Code of Civil Procedure (§ 382, subd. 5), that in certain cases the cause of action is not deemed to have accrued until the discovery by the plaintiff of the facts constituting a fraud, is limited entirely to cases of fraud, and no such rule is applicable... | |
 | United States. Supreme Court - 1940 - 828 pages
...association ... to enforce a liability created by the common law or by statute. The cause of action is not deemed to have accrued until the discovery by the plaintiff of the facts under which . . . the liability was created." This Court has recognized that this statute... | |
 | Abraham Clark Freeman - 1911 - 1264 pages
...was prescribed: "An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting... | |
 | New York (State). Supreme Court. Appellate Division - 1912 - 1090 pages
...subdivision 5 of that section, which is as follows: 'An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which on the 31st day of December, 1846, was cognizable by the Court of Chancery; the cause of action in such a... | |
 | New York (State) - 1913 - 1810 pages
...ЗЯ4, subd. 1 4. An action to recover a chattel. 5. An action to procure a judgment, other than for as money, on the ground of fraud, in a case which, on the first day of December, 184U, \vns cognizable by the court of eery. The cause of action, in such a ense.... | |
 | New York (State) - 1914 - 1882 pages
...money, on the ground of frmul. in a, «-as» which, on the tUirtyfirst day of December, 184ti, \vas cognizable by the court of chancery. The cause of action, in such a en so. is not deemed to have accrued, until the discovery, by the plaintiff, or tin.' person under... | |
 | New York (State). Board of Statutory Consolidation - 1915 - 648 pages
...Contract Limitation § 121. An action to procure a judgment, other than for a sum of of action for money, on the ground of fraud, in a case which, on the thirty-first fraud day o f December, 1846, was cognizable by the court of chancery, Accrual of action for fraud... | |
 | New York (State) - 1916 - 1682 pages
...chapter. 4. An action to recover a chattel. 6. An action to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which, on the thirtyfirst day of December. 184<>, was cognizable by the court of chancery. The cause of action, in such a caso, is not deemed... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1916 - 918 pages
...Limitations. The plaintiff insists that the action is one " to procure a judgment, other than for a sum of money, on the ground of fraud, in a case which on the thirty-first day of December, 18-46, was cognizable by the Court of Chancery, " and hence that the cause of action is not deemed... | |
 | 1916 - 1292 pages
...Code Civ. Proc. § 382, subd. 5, providing that an action to procure a judgment other than for a sum of money on the ground of fraud, in a case which on December 31, 1846, was cognizable by a court of chancery, must be commenced within 6 years, and that... | |
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The cause of action, in such a case, is not deemed to Tinrr "E o_ TTTLl*' 2 have accrued, until the discovery, by the plaintiff, or the person under •whom he claims, of the facts constituting the fraud. 
