Cornes v. . Wilkin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order setting aside a verdict in favor of plaintiff and directing judgment for defendant. (Reported below, 14 Hun, 428.) This action was brought for contribution as between co-sureties. On the 28th day of September, 1872, one Ann Burgess reovered a judgment in the Supreme Court against Joseph Eaton.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendant, entered upon an order setting aside a verdict in favor of plaintiff and directing judgment for defendant. (Reported below, 14 Hun, 428.) This action was brought for contribution as between co-sureties. On the 28th day of September, 1872, one Ann Burgess reovered a judgment in the Supreme Court against Joseph Eaton. Eaton appealed, giving a joint undertaking executed for that purpose, signed by the plaintiff and by the defendant’s testator, Charles M. Brockway. On the 5th…
1Opinion of the CourtMiller, J.
Upon the appeal from the judgment in favor of the plaintiff, the General Term held that the action was barred by the statute of limitations and directed that a judgment be entered dismissing the plaintiff’s complaint.. The statute, which it is urg-ed, operates as a bar to the claim of the plaintiff (2 R. S., 89, § 38), provides that “if a claim against the estate of a deceased person be exhibited to the executor or administrator and be disputed or rejected by him, and the same 'shall not have been referred the claimant shall, within six months after such dispute or rejection, if the debt, or…
2Cases cited3 opinions
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Francisco v. FitchNew York Supreme Court · 1857
- The National Bank of Fishkill v. . SpeightNew York Court of Appeals · 1872
3Cited by13 opinions
- In re the Estates of SchinasiNew York Surrogate's Court · 1931
- Grygorewicz v. Domestic & Foreign Discount Corp.New York Supreme Court · 1943
- Peters v. StuartNew York Court of Common Pleas · 1893
- Potts v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1901
- Storer v. CarneyIndiana Court of Appeals · 1920
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