Legal Opinion

Clark v. Scovill

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 1906PublishedCited by 3 opinions

Appeal by the defendants, Edward Tracy Scovill and another, as executors, etc., of John Hyland, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the" 26th day of May, 1905;-sustaiñing a demurrer to two defenses contained in the answer.

1Opinion of the Court

Williams, J.:

The judgment should .be reversed, with costs, and judgment entered overruling the demurrer, with costs.

The action is upon a. promissory note, alleged to have been made by defendants’ testator. The defendants deny the' making .and delivery of the note, set up the six months’ Statute of Limitations, and-in the two defenses demurred to allege the following facts : September 17, 1900, the plaintiff presented her claim upon the note against the estate. October 26, 1900, the. claim was disputed and rejected by defendants. March 15, 1901, the defendants filed with the surrogate a…

2Cases cited2 opinions

  1. Claim of Clark v. Estate of HylandAppellate Division of the Supreme Court of the State of New York · 1903
  2. In re WhiteheadAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. In re the Estate of MallinNew York Surrogate's Court · 1932
  2. In re the Estate of BorkNew York Surrogate's Court · 1907
  3. Opinion No. Oag 55-87, (1987), Wisconsin Attorney General Reports1987

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