Adler v. Davis
New York Supreme Court
Action on note made by decedent. Defense, general denial and Statute of Limitations.
1Opinion of the CourtMoAdam, J.
The sole question reserved at the trial was as to the applicability of the short Statute of Limitations prescribed by section 1822 of the Code of Civil Procedure, which provides that where an executor or administrator “ disputes or rejects a claim against the estate of the decedent it shall be barred unless, within six months thereafter, action be brought thereon,” etc. See, also, Selover v. Coe, 63 N. Y. 438. The object of the statute was to enable executors and administrators to wind up estates without delay by barring out all creditors who do not present their claims or prosecute them…
2Cases cited6 opinions
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Selover v. . CoeNew York Court of Appeals · 1875
- Calanan v. McClureNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dawbarn v. FleischmannAppellate Division of the Supreme Court of the State of New York · 1911