Jenkins v. Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Phillips, as administrator, etc., of Annie M. Phillips, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of December, 1898, upon the report of a referee.
1Opinion of the Court
Cullen, J.:
The plaintiff and his copartner had a claim against one John H. Phillips, which claim subsequently became vested in the plaintiff *390alone. ■ Phillips died in 1890, and the defendant’s intestate was-appointed administrator of his estate. In 1893, in settlement of the claim against her husband’s estate, Mrs. Phillips gave the plaintiff a promissory note for $1,000, signed “ Annie M. Phillips, Admx.” Payments were made on the claim from time to time, and renewal notes, generally at three months, were given for the balance due ; all signed in the form stated. Mrs. Phillips died on March…
2Cases cited2 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Bank of Troy v. ToppingNew York Supreme Court · 1832
3Cited by3 opinions
- In re the Estate of BalconeNew York Surrogate's Court · 1932
- Emerson National Bank v. DerbyNew York Supreme Court · 1931
- Sullivan v. RossonNew York Supreme Court · 1914