In re the Judicial Settlement of the Accounts of Clapsaddle
New York Surrogate's Court
Upon the accounting in the above entitled proceeding the administratrix sought to prove and have established as a debt due from the estate to her the amount of a promissory note dated April 4, 1867, made by Dennis L. Clapsaddle and Lawrence Clapsaddle, promising to pay jointly to Harriet Clapsad-. die, three years from date, $2,100, with use.
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Upon the accounting in the above entitled proceeding the administratrix sought to prove and have established as a debt due from the estate to her the amount of a promissory note dated April 4, 1867, made by Dennis L. Clapsaddle and Lawrence Clapsaddle, promising to pay jointly to Harriet Clapsad-. die, three years from date, $2,100, with use. J. M. Hyde, a creditor, filed objections to the claim of the administratrix, viz.: First, that the claim was barred by the statute of limitations. Second, that the administratrix had not made sufficient proof of the claim, and that the proof and papers…
1Opinion of the Court
Sheldon, S.
By the provisions of section 395 of the Code of Civil Procedure: “An acknowledgment or promise contained in a writing, signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract wherehy to take a case out of the operation of the statute of limitations.” But this section does not alter the effect of a payment of principal or interest.
The indorsement in the handwriting of Dennis L. Clapsaddle, dated May 1, 1890, was an acknowledgment by him at that date *113that he was indebted upon that note to the holder in the amount .of the note and…
2Cases cited1 opinion
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