Hammon v. Huntley
New York Supreme Court
Assumpsit for land sold and conveyed by the plaintiff to the testator. The declaration also contained the general money counts. The cause was tried before Nelson, C. Judge, at the Otsego Circuit, September 16th, 1823. The declaration did not lay any promise from the executors to the plaintiff, since the testator’s death; but merely averred a promise by the testator.
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Assumpsit for land sold and conveyed by the plaintiff to the testator. The declaration also contained the general money counts. The cause was tried before Nelson, C. Judge, at the Otsego Circuit, September 16th, 1823. The declaration did not lay any promise from the executors to the plaintiff, since the testator’s death; but merely averred a promise by the testator. This suit was against the three executors; and in the course of the trial, after a variety of conflicting evidence upon the question, whether the testator and the executors, since his death, had not paid the plaintiff in full for…
1Opinion of the Court
Curia, per
Woodworth, J.
This cause comes before the Court on a case, and an application for a new trial on the ground of newly discovered evidence. The question is, whether an admission by one of the executors, that a certain sum was due from the testator to the plaintiff, is sufficient evidence to authorize a verdict against all the executors. It would undoubtedly be sufficient to take the case out of the statute of limitations. Does it establish the original demand against the testator, so as to make all the executors responsible, for the acknowledgment of one 1
The acknowledgment of one…
2Cases cited1 opinion
- Hackley v. PatrickNew York Supreme Court · 1808
3Cited by11 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Rogers v. GrannisSupreme Court of Alabama · 1852
- Stamnes v. Milwaukee & State Line Railway Co.Wisconsin Supreme Court · 1907
- Henderson v. Ilsley ex rel. WoodliefMississippi Supreme Court · 1848
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