Heath v. Grenell
New York Supreme Court
APPEAL, by the plaintiffs, from a judgment entered upon the report of a referee. The action was brought by the plaintiffs, as administrators of Jacob Heath, deceased, against the defendant, as administrator of Wm. Grenell, deceased, upon a promissory note made by the defendant and his intestate. The only defense to the claim was the statute of limitations.
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APPEAL, by the plaintiffs, from a judgment entered upon the report of a referee. The action was brought by the plaintiffs, as administrators of Jacob Heath, deceased, against the defendant, as administrator of Wm. Grenell, deceased, upon a promissory note made by the defendant and his intestate. The only defense to the claim was the statute of limitations. The action was referred to a referee, who found the following facts: 1st. That on the 19th of March, 1853, William Grenell and Graham G. Grenell made and delivered to Jacob Heath, their promissory note, dated that day, for $500, with…
1Opinion of the Court
By the Court, Johnson, J.
The only question in this case is, whether the statute of 'limitations had run against the note in question when it was presented as a claim against the estate, of which the defendant wa's the surviving administrator. The note was presented as a claim by the plaintiffs shortly prior to the 11th of July, 1868, and was disputed by the defendant on the ground that it was not a valid claim against the estate. It wasothereupon referred, according to the statute. The note was the joint note of the defendant and his intestate, William G-renell, dated March 19, 1853, payable…
2Cases cited4 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Pickett v. KingNew York Supreme Court · 1861
- Paff v. KinneyNew York Surrogate's Court · 1849
3Cited by4 opinions
- Hamlin v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Compulsory Accounting of BradleyNew York Surrogate's Court · 1898
- Hamlin v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Cotter v. QuinlanNew York Surrogate's Court · 1883