Calanan v. McClure
New York Supreme Court
THE action was brought by the plaintiff to recover an alleged indebtedness of the defendant’s testator. Nathaniel Wright, to the firm of Wyman & Livingston, attorneys at law, for professional services rendered, and' disbursements made, by them, between January, 1853 and 1860. The account was duly assigned to the plaintiff The defendant qualified as executor, and advertised for creditors to preseqt their claims on or before the 15th day of March, 1861. The account was…
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THE action was brought by the plaintiff to recover an alleged indebtedness of the defendant’s testator. Nathaniel Wright, to the firm of Wyman & Livingston, attorneys at law, for professional services rendered, and' disbursements made, by them, between January, 1853 and 1860. The account was duly assigned to the plaintiff The defendant qualified as executor, and advertised for creditors to preseqt their claims on or before the 15th day of March, 1861. The account was presented in due season, and the executor declined to pay it, on the 15th day of March, by a letter which was received by the…
1Opinion of the Court
By the Court, Miller, J.
I think that the decision of the referee, that the plaintiff’s claim was barred by his neglect to commence a suit within six months after it was rejected by the executor, the same not having been referred, was erroneous, and can not be upheld.
Entertaining this opinion, a brief recurrence to the facts bearing upon the question is essential in'order justly to appreciate its real character.
The account of the plaintiff was made out and presented to the defendant in the winter or spring of 1861, and on the 15th of March, after it had been thus presented, the defendant’s…
2Cases cited2 opinions
- Elliot v. Cronk'sNew York Supreme Court · 1834
- Hawley v. GriswoldNew York Supreme Court · 1863
3Cited by7 opinions
- Grange v. PalmerNew York Supreme Court · 1890
- Broderick v. SmithNew York Supreme Court · 1870
- Adler v. DavisNew York Supreme Court · 1900
- Dawbarn v. FleischmannAppellate Division of the Supreme Court of the State of New York · 1911
- Van Ness v. KenyonNew York Supreme Court · 1912
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