Legal Opinion
In re the Judicial Settlement of the Account of McCabe
New York Surrogate's Court
Decided February 15, 1923PublishedCited by 5 opinions
Proceeding upon the final judicial settlement of the account of Michael McCabe, as executor of the estate of Sarah A. Van Vranken, deceased, in which Ervin S. Hoag filed a claim for $1,000 and accrued interest.
1Opinion of the Court
Sponable, S.
The claimant’s claim in this proceeding is based upon a promissory note of which the following is a copy:
“ $1,000. Amsterdam Nov 19th 1912.
“ On demand for value received I promise to pay to the order of Ervin S. Hoag the sum of one thousand dollars with interest. .
" “ Sarah A. Van Vranken.”
The claimant, Ervin S. Hoag, presented a verified claim for the amount stated in said note which was rejected by the executor.
The claimant contends that the said note is a valid claim against the estate because of the legal presumption of consideration for the giving thereof and because the…
2Cases cited12 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Dougherty v. . SaltNew York Court of Appeals · 1919
- Roberge v. . BonnerNew York Court of Appeals · 1906
- Blanshan v. RussellAppellate Division of the Supreme Court of the State of New York · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Irons Investment Co. v. RichardsonWashington Supreme Court · 1935
- In re the Estate of DavisNew York Surrogate's Court · 1927
- In re Proceedings to Discover Alleged Property of BuoninfanteNew York Surrogate's Court · 1925
- In re the Estate of OtisNew York Surrogate's Court · 1926
- In re the Accounting of SchoffNew York Surrogate's Court · 1960