Porter v. Rhoades
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by William L. Porter against Uri Rhoades, as executor of Harvey Tinkham, deceased. From a judgment for plaintiff, defendant appeals. The reference was of a claim against the estate of Harvey Tinkham. This claim arose upon a note executed on the 15th of September, 1872, by Harvey Tinkham, and delivered to his wife, Sarah Tinkham, for the sum of 8094, payable one year from date.
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Appeal from judgment on report of referee. Action by William L. Porter against Uri Rhoades, as executor of Harvey Tinkham, deceased. From a judgment for plaintiff, defendant appeals. The reference was of a claim against the estate of Harvey Tinkham. This claim arose upon a note executed on the 15th of September, 1872, by Harvey Tinkham, and delivered to his wife, Sarah Tinkham, for the sum of 8094, payable one year from date. Plaintiff claims this note by gift from Sarah Tinkham before her death. Four payments are claimed by the plaintiff to have been made thereon, each a payment of one…
1Opinion of the CourtSmith, J.
In Kearney v. McKeon, 85 N. Y. 139, Judge Finch, in writing for a unanimous court, says:
“Claims withheld during the life of an alleged debtor, and sought to be enforced when death has silenced his knowledge and explanation, are always to be carefully scrutinized and admitted only upon very satisfactory proof; and when it further appears that a subsequent dealing existed, in which the pretended creditor was to some extent a debtor, never once presenting his claim in reduction of his debt, the weight of suspicion becomes very great, and justifies a demand for distinct and definite proof, and…
2Cases cited2 opinions
- Kearney v. . McKeonNew York Court of Appeals · 1881
- O'Brien v. . WeilerNew York Court of Appeals · 1893
3Cited by7 opinions
- In re the Judicial Settlement of the Account of DoleAppellate Division of the Supreme Court of the State of New York · 1915
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Judicial Settlement of the Accounts of DoubledayAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of SalisburyNew York Surrogate's Court · 1903
- In re the Judicial Settlement of the Account of DoleNew York Surrogate's Court · 1915
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