Sanford v. . Sanford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee appointed under the statute providing for the reference of claims against the estates of deceased persons.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee appointed under the statute providing for the reference of claims against the estates of deceased persons. (Reported below, 2 Hun, 94.) The claim was for a balance alleged to be due for board, clothing and necessaries furnished Warren Sanford, defendant’s intestate, together with one item for funeral expenses. The defence was the statute of limitations. Said intestate died December 9th, 1864. Defendant was appointed…
1Opinion of the CourtAllen, J.
Assuming that at no time during the life of the intestate there was any one in existence capable of being sued, so that there was a suspension of the right of action from the first, it follows that the cause of action did not accrue, so as to put the statute of limitations in operation, until the granting of letters of administration in 1870, and these proceedings were commenced by the order of reference in 1872. If the idiocy of the intestate took the claim out of the operation of the statute during all his life, the cause of action was not barred at the time of the initiation of this…
2Cases cited6 opinions
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Bucklin v. FordNew York Supreme Court · 1849
- Richards v. Maryland Insurance Co.Supreme Court of the United States · 1814
- Rogers v. . McLeanNew York Court of Appeals · 1866
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3Cited by38 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Barry v. MinahanWisconsin Supreme Court · 1906
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Taylor v. ThornOhio Supreme Court · 1876
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