First National Bank v. Sherman's Estate
Michigan Supreme Court
Error to Van Burén; Buck, J. The First National Bank .of Paw Paw presented a claim against the estate of Alonzo Sherman, deceased. The claim was disallowed by the probate court, and claimant appealed to the circuit. From a judgment for defendant, claimant brings error. This case was tried before the court without a jury.
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Error to Van Burén; Buck, J. The First National Bank .of Paw Paw presented a claim against the estate of Alonzo Sherman, deceased. The claim was disallowed by the probate court, and claimant appealed to the circuit. From a judgment for defendant, claimant brings error. This case was tried before the court without a jury. The following are the facts: Alonzo Sherman was indebted to claimant upon two promissory notes, — one for $5,000, dated January 22, 1882, payable three months from date; another for $653.20, dated December 27, 1886, due in six months after date. Mr. Sherman died December 22,…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The $5,000 note had been due about five years and eight months when Mr. Sherman died. The other note was also a few months past due. The death of the debtor suspends the running of the statute of limitations. 2 How. Stat. § 8722. It suspends the statute for two years after granting letters testamentary or of administration, and not afterwards. Section 5901, 2 How. Stat., provides that all claims against estates of deceased persons shall be forever barred unless presented within the time limited for that purpose. Claim*604ant for some reason did not see fit to present…
2Cited by5 opinions
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