Mills v. . Davis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff and an order confirming the report of a referee. This was a reference under the statute of a disputed claim against an estate. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff and an order confirming the report of a referee. This was a reference under the statute of a disputed claim against an estate. The facts, so far as material, are stated in the opinion. Conceding that indorsements on the note are admissible as evidence, there should be legal proof that they are truthful records of the transactions they purport to describe. (McLaren v. McMartin, 36 N. Y. 88, 89.) The testimony…
1Opinion of the CourtDanforth, J.
The claim which gave occasion for this proceeding was a writing in these words :
“ $300. Setauket, November 17, 1864.
“ For value received, I promise to pay to Clarissa Darling, or order, three hundred dollars on demand, with lawful interest.
“ELIZABETH JAYFTE.”
It does not appear when Clarissa Darling, the payee, died, but letters of administration were issued upon her estate July 10, 1871, and it is stated by counsel for the respondent that the payor, Elizabeth Jayne, died September 10,1884. Some time ■ between that date and the 12th of March, 1886, the plaintiff, as executor of Clarissa…
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