Esmond v. Apgar

Citations

• 7 Daly 379

Syllabus

<p>It is a good defense to an action brought against an assignee in bankruptcy for the conversion of personal property found by him in the bankrupt’s possession, and taken and treated by him in good faith as assets of the bankrupt, and as to which the plaintiff’s adverse claim existed while it was in the bankrupt’s possession, that the action was not brought within two years after the cause of action accrued;</p> <p>And the limitation in such a case is a defense as well in actions brought against the defendant personally as in actions brought against him as assignee.</p> <p>The statute begins to run from the time the demand for the property upon the assignee is made and refused.</p>