Claim of Gallagher v. Estate of Brewster
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1896, which" affirmed a judgment in favor of defend-ant entered upon the report of a referee. Nathan Brewster died in 1893. Philip E. Gallagher presented to his executor a claim against his estate for the sum of $500 for “ services rendered the late Nathan Brewster since -June, 1888, under his written acknowledgment of the said debt.”
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1896, which" affirmed a judgment in favor of defend-ant entered upon the report of a referee. Nathan Brewster died in 1893. Philip E. Gallagher presented to his executor a claim against his estate for the sum of $500 for “ services rendered the late Nathan Brewster since -June, 1888, under his written acknowledgment of the said debt.” The executor, after the death of the decedent, found in his private box in the office of a safe deposit company the •decedent’s will and…
1Opinion of the Court
Andrews, Ch. J.
The referee refused to give any force to the memorandum, either as an obligation or as constituting an admission by the decedent of any liability to the claimant. He held that it did not create an obligation, because it was never delivered, and that it could not be regarded as an admission, because the decedent retained it in his possession. He was clearly right upon the first question, but erred in respect to the second. It was an admission of a legal enforceable liability to the claimant for the sum stated therein. The words, “ I owe him that,” imply a debt, and there can be…
2Cases cited1 opinion
- Govin v. . De MirandaNew York Court of Appeals · 1893
3Cited by24 opinions
- Miller v. SilvermanNew York Court of Appeals · 1928
- Blanshan v. RussellAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of MaijgrenNew York Surrogate's Court · 1948
- Bennett v. StateMississippi Supreme Court · 1911
- In re the Judicial Settlement of the Account of HamiltonAppellate Division of the Supreme Court of the State of New York · 1902
19 more not listed; retrieve them via the Exa API.