Van Slyke v. Van Slyke

*383The opinion of the court was delivered by

Parker, J.

The suit is on a promissory note for $4,140 made by defendant’s husband, now deceased, in his lifetime, to plaintiff’s husband. Defendant, besides being the widow, is one of the executors, and principal legatee of Evert Sheldon Yan Slyke, the maker of the note, and although no claim on said note was ever presented to his executors, defendant is sought to be held personally liable under section 1837 of the JSTew York code of civil procedure, which provides that “an action may be maintained as prescribed in this article, against the surviving…