Arnold v. Downing
New York Supreme Court
This cause was tried at the Chenango circuit, in September, 1850. The suit was commenced March 23d, 1850, on a promissory note given to the plaintiffs January 12,1839, for $133,24, and signed by the defendant’s intestate, Marshal Downing. The defense was the statute of limitations. The facts relied upon to take the case out of the operation of the statute were, that the maker died March 6, 1840. There were two indorsements on the note, viz.
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This cause was tried at the Chenango circuit, in September, 1850. The suit was commenced March 23d, 1850, on a promissory note given to the plaintiffs January 12,1839, for $133,24, and signed by the defendant’s intestate, Marshal Downing. The defense was the statute of limitations. The facts relied upon to take the case out of the operation of the statute were, that the maker died March 6, 1840. There were two indorsements on the note, viz. January 12, 1841, $29,35, and March 16, 1843, $17,60. The administratrix, on March 7,1843, presented a petition to the surrogate of Chenango, praying for…
1Opinion of the Court
By the Court,
Shankland, J.
The note was due immediately, and allowing the creditor the benefit of the eighteen months, as provided by statute, to be added, in consequence of the debt- or’s death, (2 R. S. 448, § 8,) the seven years and six months elapsed on the 23d of July, 1846. (3 Hill, 36.) And as this suit was not instituted until March, 1850, the question turns upon the effect of the surrogate’s decree and order for distribution. Neither the administratrix’s petition nor the order of sale to pay debts, nor any of the other proceedings before the surrogate, mention any particular debt as…
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