Legal Opinion

Warner v. Bartle

New York Surrogate's Court

Decided January 15, 1898Published

Proceedings under section 2722, Code of Civil Procedure, to procure tbe payment of a claim against a decedent’s estate.

1Opinion of the Court

Gladding, S.

This is a special proceeding, commenced pursuant to section 2722 of the Code of Civil Procedure, by the petitioner for the payment of a claim alleged to be due and owing from the Bartle estate to the Stebbins Warner estate:

The administratrix of the Bartle estate resists the payment of the claim and asks for a dismissal of this proceeding upon the ground that the claim is barred by the statute of limitations, and she has interposed an answer to the petition setting up the statute of limitations as a defense to the prayer of the petitioner. The conceded facts are as follows: April…

2Cases cited7 opinions

  1. Knox v. ClevelandWisconsin Supreme Court · 1860
  2. Wright v. . NostrandNew York Court of Appeals · 1883
  3. Dieffenbach v. . RochNew York Court of Appeals · 1889
  4. Woodman v. FultonMississippi Supreme Court · 1873
  5. Conyngham v. . DuffyNew York Court of Appeals · 1891

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