Royal Italian Gov't v. Int'l Comm. of Young Men's Christian Associations

• Decision Date: 31 December 1936
• Citation: 273 N.Y. 468,6 N.E.2d 407
• Parties: ROYAL ITALIAN GOVERNMENT, Appellant, v. INTERNATIONAL COMMITTEE OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS, Respondent.
• Court: New York Court of Appeals Court of Appeals

273 N.Y. 468

6 N.E.2d 407

ROYAL ITALIAN GOVERNMENT, Appellant,

v.INTERNATIONAL COMMITTEE OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS, Respondent.

Court of Appeals of New York.

Dec. 31, 1936.

Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (246 App.Div. 590, 284 N.Y.S. 802), entered February 8, 1936, which modified, and affirmed as modified, a judgment entered upon an order of Special Term granting a motion by defendant to dismiss the complaint herein on the ground that the cause of action set forth did not accrue within the time limited by law for the commencement of an action. The complaint alleged that in 1918 and 1919 the plaintiff at the special instance and request of defendant advanced certain moneys on the latter's behalf in connection with providing the cost of transportation of freight on various steamships sailing from New York City to Italy for the purpose of carrying supplies belonging to defendant, and that defendant promised and agreed to pay the sum so advanced, but upon demand refused to pay the same. The modification by the Appellate Division consisted in striking out of the judgment for defendant the provision for costs. Borris M. Komar, of New York City, for appellant.

Raymond M. White and Harry A. Bostrom, both of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs. See 273 N.Y. --, 6 N.E.(2d) 428.

CRANE, C. J., and LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN, and FINCH, JJ., concur.