Penfield v. Chesapeake, O. & S.W. R. Co.
134 U.S. 351 (1890)

Annotate this Case

U.S. Supreme Court

Penfield v. Chesapeake, O. & S.W. R. Co., 134 U.S. 351 (1890)

Penfield v. Chesapeake, Ohio & Southwestern Railroad Company

No. 187

Argued January 30, 1890

Decided March 17, 1890

134 U.S. 351

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF NEW YORK

Syllabus

In section 90 of the New York Code of Civil Procedure, it is provided that

"where a cause of action . . . accrues against a person who is not then a resident of the state, an action cannot be brought thereon in a court of the state, against him or his personal representative after the expiration of the time limited by the laws of his residence for bringing a like action, except by a resident of the state, and in one of the following cases: . . . 2. Where, before the expiration of the time so limited, the person in whose favor it originally accrued was or became a resident of the state, etc."

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