Adams v. Fassett
New York Supreme Court
Appeal from special term, Jefferson county. Action by Mary J. Adams against Maria A. Fassett and others. There was a judgment in favor of plaintiff, and defendants appeal. Plaintiff was a creditor of John Fassett, deceased, who died October 1, 1884, leaving a last will and testament devising lands to the defendants, which are described in the complaint.
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Appeal from special term, Jefferson county. Action by Mary J. Adams against Maria A. Fassett and others. There was a judgment in favor of plaintiff, and defendants appeal. Plaintiff was a creditor of John Fassett, deceased, who died October 1, 1884, leaving a last will and testament devising lands to the defendants, which are described in the complaint. The answer of the defendants contains several denials, and therii states as follows: “Allege that the said several supposed causes of action ‘therein set forth did not, nor did any or either of them, accrue at any time within six years next…
1Concurrence
MARTIN, J.,
(concurring.) Thé evidence that the interest was-paid on the debt or notes which were the basis of this action, by the testator or for him, up to 1884, was not as full and complete as might be desired. That the interest was paid there is no-doubt, but that it was paid by or for the testator is not so clear. Still, I am disposed to think that it was sufficient to sustain the finding of the court upon that question. Hence, in considering' whether this action was barred by the statute of limitations, the statute must be regarded as having commenced to run in 1884. The trial judge held…
2Cases cited4 opinions
- Wood v. WoodNew York Supreme Court · 1858
- Mortimer v. ChambersNew York Supreme Court · 1892
- Salisbury v. MorssNew York Supreme Court · 1873
- Malloy v. VanderbiltNew York Supreme Court · 1877