Koons v. Wilkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John C. Koons, from an interlocutory judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Yates on the 29th day of ' November, 1895, upon the decision of the court rendered after a trial at the Yates Circuit overruling a demurrer to the second defense contained in the defendants’ answer, and hlso from an oi^der entered in said clerk’s office on the 18fh (jay of June,, 1895, overruling the said…
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Appeal by the plaintiff, John C. Koons, from an interlocutory judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Yates on the 29th day of ' November, 1895, upon the decision of the court rendered after a trial at the Yates Circuit overruling a demurrer to the second defense contained in the defendants’ answer, and hlso from an oi^der entered in said clerk’s office on the 18fh (jay of June,, 1895, overruling the said demurrer. The portion of the answer demurred to set up the short Statute of Limitations applicable to claims presented…
1Opinion of the Court
Hardin, P. J.:
Plaintiff is assignee of a claim -for casket and funeral services furnished for the burial of one Shannon, at the instance of his daughter. Subsequent to the biirial the defendants were appointed his administrators with, the will annexed-,' and received personal assets of his estate. They caused to be published a notice for the presentment of claims and plaintiff elected to present his claim to 'the defehdants, who rejectedthe same, and this action was brought more than six months after the claim was' so rejected, and the defendants set tip as a defense the short Statute of…
2Cases cited4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Murphy v. NaughtonNew York Supreme Court · 1893
- Tracy v. FrostNew York Supreme Court · 1890
3Cited by3 opinions
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- Griffin v. CondonAppellate Terms of the Supreme Court of New York · 1896