Legal Opinion

Ross v. Ross

New York Supreme Court

Decided December 15, 1875Published

Appeal from a decree of the surrogate of the county of New York, in the matter of the final accounting of the executors of William S. Ross, etc.

1Opinion of the Court

Brady, J.:

Peter B. Ross, who is the appellant, claims immunity from the payment of certain notes charged against him, on the proposition that the statute of limitations has applied. There are two answers to this.

First. It appears that there were mutual accounts between the testator and him, mutual dealings and reciprocal demands, extending certainly from April I, 1863, to January 1, 1873. The notes were dated in the months of October and November, 1860, save one of them, which had no date. The account rendered by appellant is for rents collected from April, 1863, to December, 1872, and for…

2Cases cited16 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. Winchell v. . HicksNew York Court of Appeals · 1859
  3. Robinson v. . RaynorNew York Court of Appeals · 1863
  4. Sears v. . ShaferNew York Court of Appeals · 1852
  5. Collins v. HoxieNew York Court of Chancery · 1841

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