Burnham v. Burnham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Beekman T. Burnham, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk, of the county of New York on the 25th day of April, 1899, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Rumsey, J.:
The action was brought to charge the defendants, as devisees under the will of Elbert L. Burnham, for a d.ebt of the decedent, pursuant to section 1843 of the Code of Civil Procedure. After trial at Special Term the complaint was' dismissed, and from the' judgment entered upon that dismissal this appeal is taken.
The learned justice who decided the case held that the plaintiff had not established the debt against the decedent, and that the claim of the plaintiff against the defendants here was barred by the Statute of Limitations. In the view which we have taken of this case it is…
2Cases cited3 opinions
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Baker v. KingslandNew York Court of Chancery · 1843
- Gordon v. HigleySupreme Court of Iowa · 1839
3Cited by6 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Johnson v. RutherfordNorth Dakota Supreme Court · 1914
- Leary v. CorvinAppellate Division of the Supreme Court of the State of New York · 1901
- McLaughlin v. RoteSupreme Court of Colorado · 1917
- Rose v. RussellOregon Supreme Court · 1946
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