Herrington v. . Davitt
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1914, affirming a - judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1914, affirming a - judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. This writing’ is not a sufficient acknowledgment or promise to pay by the testator to relieve the note sued upon from the bar of the Statute of Limitations. (Tompkins v. Hazen, 165 N. Y. 18; Crandell v. Morton, 24 App. Div. 547; Zinn v. Stamm, 152 App. Div. 76.) A…
1Opinion of the CourtCollin, J.
The action is upon a promissory note made by the defendants’ testator. After the note was delivered the maker was adjudicated a bankrupt, under the Federal act of 1898, and thereunder received his discharge. A composition was effected, under the provisions of the act, between the bankrupt and his creditors. The plaintiff duly accepted the offer of the composition and the twenty per centum of the face value of the note payable under, it. The defendants’ testator thereafter wrote to the plaintiff a letter as follows:
“ Troy, N. Y., Dec. 6, 1904.
My Dear Sister.— Your letter received. Was somewhat…
2Cases cited21 opinions
- Zavelo v. ReevesSupreme Court of the United States · 1913
- Everett v. JudsonSupreme Court of the United States · 1913
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Union Trust Co. v. WillseaNew York Court of Appeals · 1937
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- McClintic-Marshall Co. v. City of New BedfordMassachusetts Supreme Judicial Court · 1921
- United States v. Yale Transport Corp.District Court, S.D. New York · 1960
- Northern Drug Co. v. AbbettSupreme Court of Minnesota · 1939
15 more not listed; retrieve them via the Exa API.