Washington Trust Co. of City of New York v. Baldwin
Appellate Division of the Supreme Court of the State of New York
Appeal by William Woodward Baldwin, as. executor, etc.,, of Christopher C. Baldwin, deceased, from an order of the Supreme Court, -made at the New York Special Term and entered in the. office of the clerk'of the county of New York on the 10th day of December, 1906, granting the plaintiff’s motion for leave to revive and continue the above-entitled action against the said executor.
1Opinion of the Court
Ingraham, J.:
This action was commenced in 1896 upon a demand note dated October 1, 1895. Ho answer was interposed by the defendant and no judgment was entered. The original defendant made payments on account. He died, however, on May 12, 1897,"leaving a will which was admitted to probate and letters testamentary issued to William Woodward Baldwin on Juno 23, 1897. The executor advertised for claims and on the 1st of September, 1898, the plaintiff filed a' claim upon this promissory note with the executor without stating that an action was pending. Hothing further was done, the executor…
2Cases cited2 opinions
- Pringle v. . Long Island R.R. Co.New York Court of Appeals · 1898
- Hale v. ShannonAppellate Division of the Supreme Court of the State of New York · 1901