
    The C. H. Venner Company, Appellant, v. Southern Railway Company, Respondent.
    (Argued June 5, 1917;
    decided July 11, 1917.)
    
      Venner Co. v. Southern Ry. Co., 176 App. Div. 974, affirmed.'
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1916, affirming a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for judgment on the pleadings and directing a dismissal of the complaint in an action for money had and received. The answer set up as a defense that the plaintiff is a corporation of the state of New Jersey and a non-resident of New York, and the defendant a corporation of the state of Virginia and a non-resident of New York; that the cause of action does not involve the title to or possession of real property within the state of New York, and accrued in favor of the plaintiff not later than June 27, 1907; that prior to and at the time of the commencement of the action there were in force certain statutes of the state of Virginia which provided that certain actions therein specified should be brought within five years, and certain other actions therein specified within three years, after the right to bring the same should have first accrued; that the cause of action alleged in the complaint did. not accrue within three years, nor within five years, prior to the commencement of this action, and .that at the time of the commencement of this action the alleged cause of action was barred of enforcement by the statutes of Virginia, the state of residence of the defendant.
    
      Elijah N. Zoline and William A. Ulmaniov appellant.
    
      Francis Lynde Stetson and George H. Gardiner for respondent.
   Judgment affirmed, with costs; no opinion.

■ Concur: Chase, Collin, Cuddeback, Hogan, Cardozo, Pound and McLaughlin, JJ.  