McNulty v. . Hurd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second j'udicial department, entered upon an order made May 13,1879, which affirmed a j'ndgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second j'udicial department, entered upon an order made May 13,1879, which affirmed a j'ndgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 18 Hun, 1.) This action was brought by plaintiff, as administratrix of the estate of James McNulty, deceased, to restrain defendant from proceedings to enforce a decree of the surrogate of Kings county, requiring plaintiff to pay out of the assets in her hands the balance due on a judgment against her intestate. On the 20th day…
1Opinion of the CourtDanforth, J.
If the defendant had, before maturity of the notes, sought to enforce the judgment against Tong, he would have failed in- face of an averment that by those notes the time of payment had been extended. They were made by Tong and Lynch as principals and were negotiable. They constituted a new contract, to which the plaintiff’s intestate was not a party, and furnished a sufficient consideration for the extension of payment implied from the terms of the notes. (Fellows v. Prentiss, 3 Denio, 512; Hubbard v. Gurney, 64 N. Y. 458.) The plaintiff, however, set this litigation in motion and was. only…
2Cases cited2 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Furniss v. . FergusonNew York Court of Appeals · 1857
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- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Ashley v. KinnanNew York Supreme Court · 1888
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