McLaren v. . McMartin
New York Court of Appeals
Appeal, from the Supreme Court. The action was on a promissory note for $100, made by the Plaintiff’s assignor on the 19th of April, 1835, and payable one year from date. The suit was commenced on the 23d of September, 1854, eighteen years after the note matured, and seven years after the death of the maker, and the appointment of the Defendant as his administrator. The complaint alleged, and the answer denied, two payments at different times by the intestate.
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Appeal, from the Supreme Court. The action was on a promissory note for $100, made by the Plaintiff’s assignor on the 19th of April, 1835, and payable one year from date. The suit was commenced on the 23d of September, 1854, eighteen years after the note matured, and seven years after the death of the maker, and the appointment of the Defendant as his administrator. The complaint alleged, and the answer denied, two payments at different times by the intestate. It was alleged by the Plaintiff, and admitted by the Defendant, that on the 3d of March, 1848, the latter paid fifty dollars on the…
1Opinion of the Court
Porter J.
The demand, for the recovery of which the action was brought, was extinguished on the 12th of April, 1842. It yrgs neither continued nor revived by any act or admission of the maker. The endorsements written by the payee were mere declarations in his own favor, wholly unsustained by the proof. The fact that they were shown to the Defendant after the death of the maker, does not change their nature, nor impart to them the force of legal evidence. The underwritten endorsement proves the fact it states, but nothing as to antecedent payments or endorsements.
If, then, the extinguished…
2Cases cited1 opinion
- Thompson v. PeterSupreme Court of the United States · 1827
3Cited by29 opinions
- Barry v. . LambertNew York Court of Appeals · 1885
- Harper v. . FairleyNew York Court of Appeals · 1873
- Steele v. SouderSupreme Court of Kansas · 1878
- Shannon v. AustinSupreme Court of Missouri · 1878
- In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
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