Peyman v. Bowery Bank of New York
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendant, The Bowery Bank of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 16th day of May, 1896, upon the verdict of a jury rendered by direction of the court. The action was brought by the administrators of Henry Peyman, deceased, to recover a balance of $1,578.54, which, it is alleged, was due to him by the defendant bank at the time of his death.
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Appeal hy the defendant, The Bowery Bank of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 16th day of May, 1896, upon the verdict of a jury rendered by direction of the court. The action was brought by the administrators of Henry Peyman, deceased, to recover a balance of $1,578.54, which, it is alleged, was due to him by the defendant bank at the time of his death. The defendant alleged in its answer, as a defense and counterclaim, that ' Peyman had, shortly before his death, procured from the…
1Opinion of the Court
O’Brien, J.:
The question presented upon this appeal is, whether the facts .alleged in the answer, if proven, would constitute a counterclaim, set-off, or defense. It may be regarded as settled law that a demand against a decedent, which falls due after his death, is not available as a set-off or counterclaim in a suit brought by his personal representatives. (Code Civ. Proc. § 506 ; Jaeger v. Bowery Bank, 59 N. Y. St. Repr. 385 ; Jordan v. Nat. Shoe & Leather Bank, 74 N. Y. 467.) In the latter case it was held (head note): “ That the *434defendant could not, as .matter of law* and in the absence…
2Cases cited3 opinions
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Rothschild v. . MackNew York Court of Appeals · 1889
- Wise v. . GrantNew York Court of Appeals · 1894
3Cited by3 opinions
- Flatow v. Jefferson BankAppellate Division of the Supreme Court of the State of New York · 1909
- Fletcher v. MacGinnissAppellate Division of the Supreme Court of the State of New York · 1915
- Gilmartin v. Osborne Trust Co., New York County Courts1943