New York Court of Appeals
William T. Gilbert, as Receiver of the Commercial Alliance Life Insurance Company, Respondent v. Benjamin G…
May 2, 1899159 N.Y. 118
Summary
The Court affirmed the Appellate Division's decision sustaining the plaintiff's demurrer, holding that the 1897 amendment to § 394 of the Code of Civil Procedure is constitutional but prospective and therefore does not apply to the existing cause of action that accrued before its effective date, rendering the defendant's three‑year limitation defense insufficient.