Legal Opinion

Waddell's Adm'r v. . Elmendorf's Adm'rs.

New York Court of Appeals

Decided April 5, 1854PublishedCited by 8 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This is an action upon a judgment recovered November 13th, 1810, in the supreme court of this state, by the testator of the plaintiff against the intestate whom the defendants represent, for $2744.40 of debt, and $14.43, damages and costs. The defence is payment, which is only sustained by the presumption from lapse of time. To rebut that presumption, a payment of interest on the 22d July, 1818, was proved, and a verbal admission in 1835, by the defendant in the…

2Cases cited3 opinions

  1. Miller v. Smith's ExecutorsCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Henderson v. HendersonNew York Supreme Court · 1846
  3. Van Rensselaer v. LivingstonNew York Supreme Court · 1834

3Cited by8 opinions

  1. Albano v. KirbyNew York Court of Appeals · 1975
  2. Bean v. . TonneleNew York Court of Appeals · 1884
  3. D'Elia v. Douglas B.New York City Family Court · 1988
  4. Malloy v. VanderbiltNew York Supreme Court · 1877
  5. Department of Housing Preservation & Development v. ChestnutCivil Court of the City of New York · 1983

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