Peters v. Stuart
New York Court of Common Pleas
Appeal from city court, general term. Action by Catharine A. Peters against Sidney H. Stuart, as administrator of Sarah A. Peck, deceased. From an order of the general term of the city court (20 N. Y. Supp. 661) affirming a judgment entered on a verdict of a jury in favor of plaintiff, and from an order denying defendant’s motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtBookstaver, J.
The action was brought to recover $333, alleged by plaintiff to be a claim against the estate of defendant’s intestate to Sarah A. Peck for board and rooms, washing, care of deceased, preparing body for burial, and use of plaintiff’s house for burial, less a credit of $72. The prime question to be determined on this appeal is whether the action is barred by the short statute of limitations. The claim of plaintiff, together with that of her sister, was presented to defendant,'as administrator, on November 17, 1890. He then told the person who presented these claims that he disputed and…
2Cases cited6 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Godden v. KimmellSupreme Court of the United States · 1879
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Cornes v. . WilkinNew York Court of Appeals · 1879
- Hewett v. BronsonNew York Court of Common Pleas · 1873
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3Cited by5 opinions
- Potts v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1901
- Lockwood v. DillenbeckAppellate Division of the Supreme Court of the State of New York · 1905
- Heinrich v. HeidtAppellate Division of the Supreme Court of the State of New York · 1905
- Gardner v. PitcherAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Judicial Settlement of the Account of SmithNew York Surrogate's Court · 1908