Sheldon v. Heaton
Appellate Division of the Supreme Court of the State of New York
Action by John J. Sheldon, as administrator of the estate of Mary E. Sheldon, deceased, against Rufus Heaton. From a judgment in favor of defendant, and an order denying a motion on the minutes-for a new trial, plaintiff appeals. Affirmed. The action was commenced on the 9th of May, 1893, and is based upon an instrument of which the following is a copy: ‘‘$300. Rec’cL of Mrs. M. M. Sheldon three hundred dollars on deposit. R. Heaton.
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Action by John J. Sheldon, as administrator of the estate of Mary E. Sheldon, deceased, against Rufus Heaton. From a judgment in favor of defendant, and an order denying a motion on the minutes-for a new trial, plaintiff appeals. Affirmed. The action was commenced on the 9th of May, 1893, and is based upon an instrument of which the following is a copy: ‘‘$300. Rec’cL of Mrs. M. M. Sheldon three hundred dollars on deposit. R. Heaton. Rouse Point, Aug. 20, 1864.” Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtMerwin, J.
Upon the first trial of this action a nonsuit was-granted upon the ground that an action could have been brought at once on the instrument, without any demand other than the beginning of the action, and that, therefore, the action was barred by *1125the statute of limitations. Upon appeal to the general term the judgment was reversed (88 Hun, 535, 34 N. Y. Supp. 856); it being held that there was no right of action until after a demand, and therefore the statute was not a bar, as the demand, as shown, was made shortly before the commencement of the action. It also seems to have been held that,…
2Cases cited3 opinions
- Bean v. . TonneleNew York Court of Appeals · 1884
- Sheldon v. HeatonNew York Supreme Court · 1895
- Lyon v. AddeNew York Supreme Court · 1872
3Cited by1 opinion
- Morse v. National Central BankBaltimore City Superior Court · 1925