Search Supreme Court Cases
BENEDICT V. NEW YORK, 250 U. S. 321 (1919)
U.S. Supreme Court
Benedict v. New York, 250 U.S. 321 (1919)
Benedict v. New York
Argued April 22, 1919
Decided June 2, 1919
250 U.S. 321
A suit against a city to enforce, as upon an express trust, an accounting of an improvement fund and liability for alleged breaches of trust in failing properly to conduct the sales of lands assessed for benefits and properly to apply the proceeds of such sales to the satisfaction of public improvement certificates, said suit not having been instituted until more than 17 years after definite repudiation of the alleged trust duties, and the efforts on behalf of the plaintiff having been meanwhile confined to the obtaining of a restraining order, which was never observed, and to the presentation of divers
memorials and offers of compromise to the city authorities, held barred by laches, such a cause of action, in New York, being subject, if not to the six-year statute of limitations (Code Civ. Pro., § 382), then to the ten-year statute (id., § 388) governing bills for relief in cases of trust not cognizable by courts of common law. Pp. 250 U. S. 325-327.
In case of an express trust, the statute begins to run when the trust is repudiated. Id.
Federal courts, in equity, are not bound by state statutes of limitations, but are ordinarily guided by them in determining their action on stale claims. Id.
247 F. 758 affirmed.
The case is stated in the opinion.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.