Irwin v. Johnson
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird. Eichard Corlies died January 2d, 1879, leaving a will, of which Levi G. Irwin and Aaron E. Johnson were the executors. At the time of the death of Mr. Corlies there were, in the possession of one Annie Jones (a grandchild who lived with him), two mortgages made to the deceased by the complainant, Elizabeth E. Johnson, who is his daughter.
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On appeal from a decree advised by Vice-Chancellor Bird. Eichard Corlies died January 2d, 1879, leaving a will, of which Levi G. Irwin and Aaron E. Johnson were the executors. At the time of the death of Mr. Corlies there were, in the possession of one Annie Jones (a grandchild who lived with him), two mortgages made to the deceased by the complainant, Elizabeth E. Johnson, who is his daughter. These mortgages were placed in the hands of the executors as a part of the assets of the estate, in the shape of subsisting debts against Mrs. Johnson. Subsequently Mrs. Johnson and her husband gave a…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The complainant’s counsel placed his claim for relief upon two grounds.
An intentional destruction of the obligation amounts to a release of the debt, Gilbert v. Wetherell, 2 Sim. & Stu. 254; Silvers ads. Beynolds, 2 Harr. 275; Borland y. Taylor, 52 Iowa 50S; Gardner v. Gardner, 22 Wend. 526; Bees v. Bees, 11 Bich. Eg. 86. A mere expression of an intention to destroy it is not enough, Nelson v. Cartmel, 6 Bana 7; Campbell’s Estate, 7 Pa. St. 100; Chew v. Chew, 8 C. E. Gr. 471; see Harley v. Harley, 57 Md. 840. A verbal gift of the arrears of an…
2Cases cited10 opinions
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Peabody v. PeabodyIndiana Supreme Court · 1877
- Lee's Ex'or v. BoakSupreme Court of Virginia · 1854
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Shaw v. WhiteSupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jos. S. Naame Co. v. Louis Satanov, C., Corp.New Jersey Court of Chancery · 1928