Tillotson v. . Race
New York Court of Appeals
‘ Appeal from the Supreme Court. Action on a note for $100, made by the defendant the 2d June, 1851, payable to Joseph Tillotson or bearer the 1st day of March then next. Joseph Tillotson, the payee, died in October, 1852. His executors had transferred the note to the plaintiff on account of a legacy in his favor in the will.
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‘ Appeal from the Supreme Court. Action on a note for $100, made by the defendant the 2d June, 1851, payable to Joseph Tillotson or bearer the 1st day of March then next. Joseph Tillotson, the payee, died in October, 1852. His executors had transferred the note to the plaintiff on account of a legacy in his favor in the will. The defence was, that the testator had discharged the note by a clause in his will, which was executed August 6, 1852, in these words: “I have heretofore actually given and paid to the children or heirs of my deceased daughter Sabrina all that I intend to give them, and…
1Opinion of the CourtDenio, J.
I am of opinion that the clause in the will of Joseph Tillotson, would operate as a gift of this note to the defendant, the maker of it, though it appeared that when given it was an ordinary business transaction, and was then expected to be paid both by the maker and the payee. The clause is not limited to notes which were given for moneys which were advanced as gifts at the time they were given. It is true, that four of the five notes against the children of the deceased daughter, which were found among the testator’s papers, were of that character; but these would not have furnished any…
2Cited by11 opinions
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- In re WheelerAppellate Division of the Supreme Court of the State of New York · 1898
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