Power v. Hathaway
New York Supreme Court
GIDEON PAYNE, late of Farmington, Ontario county, New York, died on or about the 23d of November, 1848, leaving a last will and testament, duly admitted to probate by the surrogate of Ontario county, by which he gave to his three grandsons, the plaintiff being one, the sum of'$600, to be paid to them by his executors equally, as they should respectively arrive at the age of twenty-one years.
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GIDEON PAYNE, late of Farmington, Ontario county, New York, died on or about the 23d of November, 1848, leaving a last will and testament, duly admitted to probate by the surrogate of Ontario county, by which he gave to his three grandsons, the plaintiff being one, the sum of'$600, to be paid to them by his executors equally, as they should respectively arrive at the age of twenty-one years. He directed that his real and personal estate should be sold and converted into money after the decease of his wife Phebe Payne, and that these legacies should be paid out of the proceeds of such sale.…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
In the findings of the learned judge who tried this cause at the circuit *217without a jury, it is stated that the defendant received the money 'for which the action is brought on the 28 th day of June, 1855, and this action was commenced on the 16th day of May, 1862; also that the plaintiff and defendant then were, and have ever since been, residents of the state of Michigan. The single question presented for our decision is, whether the debt is barred by the statute of limitations. The defendant has pleaded the statute of limitations of this state, and also that…
2Cases cited1 opinion
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
3Cited by12 opinions
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Meyers v. Credit LyonnaisNew York Court of Appeals · 1932
- Mason, Chapin & Co. v. Union Mills Paper Manufacturing Co.Court of Appeals of Maryland · 1895
- Kirsch v. LubinNew York Supreme Court · 1927
- Belden v. BlackmanMichigan Supreme Court · 1898
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