Holmes v. . Roper
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment in favor of defendants entered upon an order of Special Term confirming the report of a referee, dismissing a claim presented by plaintiff to defendants, as the administrators of Job Holmes, deceased. The facts, so far as material, are set forth in the opinion.
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Appeal from order of the General Term, of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which affirmed a judgment in favor of defendants entered upon an order of Special Term confirming the report of a referee, dismissing a claim presented by plaintiff to defendants, as the administrators of Job Holmes, deceased. The facts, so far as material, are set forth in the opinion. The note was given by the intestate directly to Jerome D. Holmes, the plaintiff. The note itself imported consideration, and made a prima facie case. (Carnwright v. Gray,…
1Opinion of the CourtO’Brien, J.
The defendants are the personal representatives of Job Holmes, who died intestate on the 7th of July, 1887. The plaintiff is a nephew of the deceased, and son of Rufus Holmes, a brother of the intestate. Within the period for presentation of claims against the estates of deceased per.sons, the plaintiff presented to the defendants a claim based ■upon an instrument, of which the following is a copy:
■“ $2,000. Candor, September 14, 1885.
“ For value received, I promise to pay Jerome Holmes two ■thousand dollars, thirty days after my death.
“JOB HOLMES.”
The -claim was disputed by the defendants,…
2Cases cited4 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
- Smith v. WebbNew York Supreme Court · 1847
- Bronner v. . FrauenthalNew York Court of Appeals · 1867
3Cited by30 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Johnson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1936
- Dougherty v. . SaltNew York Court of Appeals · 1919
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Wangner v. . GrimmNew York Court of Appeals · 1902
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