Hill v. Moore
Appellate Division of the Supreme Court of the State of New York
. Abpeal by the defendants, John H. Moore'and-another, from a' judgment of the Supreme Court in favor of the plaintiff, entered in: the office of the clerk of the county of Warren on the 17th day of July, 1908,, Upon the decision of the court rendered after a trial at the Warren Special Term.
1Opinion of the Court
Cochrane, J.:
This is an action brought by a creditor of Andrew Moore,'deceased,' against his heirs under section 1843 of the Code of Civil'Procedure' to enforce an indebtedness of the decedent'owing to plaintiff against real property which descended from, the decedent- to these defendants as such heirs. The defense is the Statute of Limitations - -The'indebtedness is represented by a promissory note -executed by said Andrew Moore to the plaintiff March-1,1888,' and payable-one year after the date thereof. It is claimed that ,a payment, was made thereon October 21, 1898. Andrew Moore died May…
2Cases cited1 opinion
- Adams v. . FassettNew York Court of Appeals · 1896
3Cited by2 opinions
- Ehnes v. NolanNew York Supreme Court · 1953
- In re the Judicial Settlement of the Accounts of SullardNew York Surrogate's Court · 1921