Legal Opinion

Executors of Clark v. Hopkins

New York Supreme Court

Decided February 15, 1811PublishedCited by 6 opinions

1Per curiam

It would be against all rule to permit a judgment to be entered up on a warrant of attorney, after the lapse of 18 years, on the usual affidavits. It has been decided, (6 Mod. 22. 1 Burr. 434. 4 Burr. 1963. 1 Str. 652. 2 Str. 826. 1 Term Rep. 270, 271. Cowp. 109. 214.) that after 18 and 20 years, a bond will be presumed to have been paid. The obligee ought to show a demand of payment, and an acknowledgment of the debt, within that time, to rebut this presumption.

Motion denied.

2Cited by6 opinions

  1. Bean v. . TonneleNew York Court of Appeals · 1884
  2. Buckmaster v. KelleySupreme Court of Florida · 1875
  3. Lyon v. ChaseNew York Supreme Court · 1867
  4. McMurray v. McMurrayNew York Supreme Court · 1892
  5. Waddell v. Elmendorf & Van VechtenNew York Supreme Court · 1852

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