Adams v. . Fassett
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action, which is brought, under sections 1843, 1849 of the Code, cannot be maintained because it was brought within less than three years after the issue of letters testamentary upon John Fassett’s estate. (2 R. S. 109, § 53; Roe v. Swezey, 10 Barb.…
1Opinion of the CourtBartlett, J.
The plaintiff seeks to recover of the defendants, the devisees of John Fassett, the amount of two promissory notes for $300 and $268.15, respectively, dated June 2d, 1878, and August 5th, 1878, given for money loaned.
The notes were signed by “John and M. A. Fassett,” the latter being the son of John. Milan A. Fassett died insolvent and it is admitted that the consideration of the notes was a loan to John Fassett.
The trial court found that John Fassett died on or about October 1st, 1884 ; that the last payments of interest on the notes in his lifetime were, on the $300 note, June 2d, 1884, and…
2Cases cited3 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Brehm v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Mead v. . JenkinsNew York Court of Appeals · 1884
3Cited by9 opinions
- In re the Estate of MaguireNew York Surrogate's Court · 1936
- In re the Estate of MayNew York Surrogate's Court · 1936
- Matteson v. PalserAppellate Division of the Supreme Court of the State of New York · 1900
- City Equity Co. v. BodineAppellate Division of the Supreme Court of the State of New York · 1910
- Hill v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
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