Deep River National Bank's Appeal From Commissioners
Supreme Court of Connecticut
Appeal from the action of commissioners on the estate of Clinton B. Davis, deceased, in disallowing certain claims presented by the appellant, taken to the Superior Court in Middlesex County and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the claimant, and appeal by the administrator for alleged errors in the findings and rulings of the court.
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Appeal from the action of commissioners on the estate of Clinton B. Davis, deceased, in disallowing certain claims presented by the appellant, taken to the Superior Court in Middlesex County and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the claimant, and appeal by the administrator for alleged errors in the findings and rulings of the court. The statement of claim filed in the Superior Court alleged that said Davis was an indorser upon two described notes. The respondent pleaded the statute of limitations, to which answer there was a reply of a written…
1Opinion of the CourtHall, J.
Section 1094 of the General Statutes provides that “ in actions against the representatives of deceased persons, no acknowledgment or promise shall be sufficient evidence of a new or continuing contract to take the case out of the statute of limitations, unless the same be contained in some writing made or signed by the party to be charged thereby.”
In the absence of any provision requiring such acknowledgment to have been written or subscribed by the hand of the deceased person, the meaning of the word “ writing,” as used in this statute, is not to be limited to words traced with a pen or…
2Cases cited7 opinions
- Hamilton v. StateIndiana Supreme Court · 1885
- Dreutzer v. SmithWisconsin Supreme Court · 1882
- Chapman v. Inhabitants of LimerickSupreme Judicial Court of Maine · 1868
- Blakeman v. FondaSupreme Court of Connecticut · 1874
- Cook v. MartinSupreme Court of Connecticut · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946
- Kilday v. SchancuppSupreme Court of Connecticut · 1916
- Yaggy v. BVD COMPANYCourt of Appeals of North Carolina · 1970
- Maynard v. BaileyWest Virginia Supreme Court · 1920
20 more not listed; retrieve them via the Exa API.