Deyo's Executors v. Jones' Executors
New York Supreme Court
This was an action of assumpsit brought to recover the balance claimed to be due upon a promissory note made by D. Jones, jun. the defendants’ testator, to Richard Deyo, the plaintiffs’ testator for the sum of $715,55, with use dated 2d April, 1821. The defendants pleaded non-assumpsit and the statute of limitations.
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This was an action of assumpsit brought to recover the balance claimed to be due upon a promissory note made by D. Jones, jun. the defendants’ testator, to Richard Deyo, the plaintiffs’ testator for the sum of $715,55, with use dated 2d April, 1821. The defendants pleaded non-assumpsit and the statute of limitations. To take the case out of the statute the plaintiffs relied upon the following facts : In September 1830, Esther Jones, one of the defendants in this case, the widow of D- Jones, jun. and one of his executors, and the daughter of Richard Deyo presented a petition to the surrogate…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The only question in this case is, whether the admission of Mrs. Jones, the executrix, was sufficient to take the note of her testator, in question *493in this suit, out of the statute of limitation. The rule is not disputed, that the admission of one joint executor for this purpose is available against all; 15 Johns. R. 3 ; 4,Cowen, 493 ; but was it sufficiently full and unqualified within the cases in this court, 3 Wendell, 187, Id. 536, 9 Cowen, 675, 7 Wendell, 267 ? Without referring particularly to these cases, I may say that the admission, to avoid the statute,…
2Cases cited2 opinions
- Purdy v. AustinNew York Supreme Court · 1829
- Hancock v. BlissNew York Supreme Court · 1831
3Cited by3 opinions
- Arnold v. DowningNew York Supreme Court · 1852
- Commercial Mutual Insurance v. BrettNew York Supreme Court · 1865
- Berrian v. Mayor of New YorkThe Superior Court of New York City · 1867