Clark v. Bogardus
New York Court of Chancery
Bill to compel the giving up of a bond; and, in the meantime, to restrain an action at law brought upon it. The bond was dated the twenty-sixth day of June one thousand eight hundred; made by the complainant James B. Clarke in favor of Hannah Fisher; and conditioned to pay “ unto the above mentioned Hannah Fisher or to her certain attorney, executors, administrators or assigns the just and full sum of one hundred pounds New-York money annually during the natural life of the…
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Bill to compel the giving up of a bond; and, in the meantime, to restrain an action at law brought upon it. The bond was dated the twenty-sixth day of June one thousand eight hundred; made by the complainant James B. Clarke in favor of Hannah Fisher; and conditioned to pay “ unto the above mentioned Hannah Fisher or to her certain attorney, executors, administrators or assigns the just and full sum of one hundred pounds New-York money annually during the natural life of the said Hannah Fisher in four equal quarterly payments of twenty-five pounds on each of the first days of the months of…
1Opinion of the Court
The Vice-Chancellor:
With respect to the lapse of time—from the year one thousand eight hundred and thirteen to the death of Mrs. Fisher in one thousand eight hundred and twenty-nifoe, and during which she suffered the bond to remain without any payment of the annuity:—it is not sufficient of itself to raise the presumption of payment or satisfaction of the bond. Twenty years is the rule in the court of chancery ; and nothing short of this period will do, provided there are no special circumstances to aid the presumption: Matthews on Pres. Ev. 379. The same writer also lays it down as a rule…
2Cited by4 opinions
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