Hardy v. Ames
New York Supreme Court
THIS was an action on a promissory note for $86.56, executed by Simeon 0. Ames, deceased, payable to Jacob Hardy or bearer, and dated the 22d day of April, 1860. The action was commenced the- 24th day of December,-1864. The answer contained three defenses : 1. Payment of the note to Jacob Hardy in his life time; 2. Counter-claims amounting to $150 ; 3. That the note had been presented to the defendants and rejected by them, and that the action was not commenced within the…
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THIS was an action on a promissory note for $86.56, executed by Simeon 0. Ames, deceased, payable to Jacob Hardy or bearer, and dated the 22d day of April, 1860. The action was commenced the- 24th day of December,-1864. The answer contained three defenses : 1. Payment of the note to Jacob Hardy in his life time; 2. Counter-claims amounting to $150 ; 3. That the note had been presented to the defendants and rejected by them, and that the action was not commenced within the time prescribed by statute, after the note was so rejected. The action was tried before a referee, who decided that thé…
1Opinion of the Court
By the Court, Balcom, J.
The appellant’s counsel does not claim that the decision of the referee was erroneous in réspect to the alleged counter-claims, or the defense of. payment. But he insists that the referee erred in overruling the defense that the action was not commenced within six months after the defendants had rejected or disputed the plaintiff’s claim upon the note in question.
*415The order of the surrogate, respecting the publication of a notice by the defendants, requiring persons having claims against Simeon C. Ames, deceased, to present them, was dated the 2d day of February, 1863.…
2Cases cited2 opinions
- Elliot v. Cronk'sNew York Supreme Court · 1834
- Whitmore v. FooseCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Douglass v. FolsomNevada Supreme Court · 1893
- Salomon v. HeichelNew York Surrogate's Court · 1885