In re Salmon
District Court, S.D. New York
In Bankruptcy. In the matter of Charles Salmon, bankrupt. Erom an order of the referee expunging his claim, Hamilton H. 'Salmon, executor, appeals.
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In Bankruptcy. In the matter of Charles Salmon, bankrupt. Erom an order of the referee expunging his claim, Hamilton H. 'Salmon, executor, appeals. This is an appeal from an order of a referee in bankruptcy expunging the claim of Hamilton H. Salmon, as executor of Hamilton H. Salmon, deceased, in the sum of $25,295.66, with interest of $34.771/88, making $60,067.54, which claim was filed against the estate of the bankrupt for moneys lent from time to time between March 1, 1890, and May IS,-1896. Payments were made upon this claim, also, from time to time; the last payment being on June 3,…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The payment was certainly enough to take the case out of the statute- as between the bankrupt and Hamilton H. Salmon. It makes no difference that the debt was barred (Brooklyn Bank v. Barnaby, 197 N. Y. 210, 90 N. E. 834, 27 L. R. A. [N. S.] 843), so long as the payment was certainly intended to be applied to the debt (Lawrence v. Harrington, 122 N. Y. 408, 25 N. E. 406). The language cited by the referee was originally taken from Crow v. Gleason, 141 N. Y. 489, 493, 36 N. E. 497, where it was in place because there was no evidence that the payment was…
2Cases cited9 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- Harper v. . FairleyNew York Court of Appeals · 1873
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Young v. . HeermansNew York Court of Appeals · 1876
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
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3Cited by1 opinion
- Trans-Atlantique v. United StatesDistrict Court, S.D. New York · 1929