Flynn v. Diefendorf
New York Supreme Court
Appeal from special term, Oswego county. Action by Samuel Flynn, assignee of Rufus Diefendorf, against Cornelia A. Diefendorf, executrix, etc., of John H. I. Diefendorf, deceased, upon a claim against the estate of said testator. Judgment entered by direction of the special term on the referee’s report in plaintiff’s favor, and defendant appeals.
1Opinion of the CourtKennedy, J.
The only question presented on this appeal is whether the right of recovery upon the demand of the respondent, and for which the judgment was ordered, was barred by the provision of section 1822 of the Code of Civil Procedure. The facts are as follows: The defendant was duly appointed executrix of the estate of John H. I. Diefendorf some time in 1882. The 22d day of March, 1883, said executrix, by order of the surrogate of Oswego county, duly advertised for the presentation of claims, and continued the same down to September 28, 1883. On the 22d day of September, 1883, the plaintiff served…
2Cases cited6 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Bucklin v. ChapinNew York Supreme Court · 1868
- In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Potts v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1901
- Gardner v. PitcherAppellate Division of the Supreme Court of the State of New York · 1905
- In re BrownAppellate Division of the Supreme Court of the State of New York · 1902