Penfield v. Chesapeake, Ohio & South Western Railroad

Citations

• 134 U.S. 351
• 10 S. Ct. 566
• 33 L. Ed. 940
• 1890 U.S. LEXIS 1975

Syllabus

<p>In section 90 of tlie 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.; ” Held, following the decisions of the courts of the State of New York in parallel cases, that this statute contemplates that the plaintiff shall be an áctual resident in the State, and that he does not become such by sending his family to the State of New York from another State, in which he and they were residing, with the intent that they should reside there, but remaining himself in the other State.</p>