Legal Opinion

Broderick v. Smith

New York Supreme Court

Decided June 15, 1870PublishedCited by 3 opinions

This action was for board, lodging, etc., furnished by the plaintiff to the defendant’s intestate, in the years 1861, 1862 and 1863. ■ Among other defences, the defendant alleged that the six months short statute of limitations applied to the claim.

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This action was for board, lodging, etc., furnished by the plaintiff to the defendant’s intestate, in the years 1861, 1862 and 1863. ■ Among other defences, the defendant alleged that the six months short statute of limitations applied to the claim. The referee found that the plaintiff furnished the board and lodging under an agreement that he should receive, and that defendant’s testator would pay therefore two dollars per week; and that at the date of his report, there was due, and owing the plaintiff therefor, the sum of $215.96. The referee also found, that the plaintiff’s claim was…

1Opinion of the Court

By the Court —

Miller, P. J.

The only defence established upon the trial to the plaintiff’s demand, as appears by the referee’s report, was the short statute of limitations, as it is called, which provides, that if a claim against the estate of any deceased person be exhibited to the executor or administrator, and be disputed or rejected by him, and the same shall not have been referred, the claimant shall, within six months after such dispute, or rejection, commence a suit for the recovery thereof, or be forever barred from maintaining any action thereon. (2 R. S., 89, § 38). It is held that…

2Cases cited2 opinions

  1. Elliot v. Cronk'sNew York Supreme Court · 1834
  2. Calanan v. McClureNew York Supreme Court · 1866

3Cited by3 opinions

  1. Gardner v. PitcherAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re the Estate of MessingNew York Surrogate's Court · 1916
  3. Salomon v. HeichelNew York Surrogate's Court · 1885

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