Burdick v. Hicks , 29 A.D. 205 ( 1898 )

Ward, J. (dissenting):

I think such a payment was shown upon the plaintiff’s claim as took the whole account out of the Statute of Limitations. I am, therefore, in favor of an affirmance of the judgment.

Judgment modified so as to declare that the damages shall be the sum of §120.50, and as so modified affirmed, without costs of this appeal to either party.