Brock v. Barnes
New York Supreme Court
1IHE plaintiff presented to the defendant, as executor of . Melvin Barnes deceased, a claim against the estate of the deceased, which claim, not being allowed, was, by an order of the surrogate of the county of Clinton, made on the 24th of June, 1861, referred to Samuel Ames, Bufus Heaton and Bussell C. North to hear and determine the same, and the order was filed and entered in the office of the clerk of Clinton county.
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1IHE plaintiff presented to the defendant, as executor of . Melvin Barnes deceased, a claim against the estate of the deceased, which claim, not being allowed, was, by an order of the surrogate of the county of Clinton, made on the 24th of June, 1861, referred to Samuel Ames, Bufus Heaton and Bussell C. North to hear and determine the same, and the order was filed and entered in the office of the clerk of Clinton county. The cause was tried before the referees; who subsequently made their report, in writing, by which they found and certified as follows: That on the 15th day of February, 1859,…
1Opinion of the Court
By the Court, Bockes, J.
If the decision of this case depended solely on the question whether the signature to the paper was genuine, there should be no hesitation in directing an affirmance of the judgment. There is a most decided preponderance of evidence in favor of its genuineness. On that point the proof is very satisfactory and conclusive. As the case is presented, we canngt doubt but that the signature to the paper is in the handwriting of Doct. Barnes.
The difficulty in the case is in another direction. The recovery was obtained against the executor on a claim evidenced by a singular…
2Cases cited11 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Sears v. . ShaferNew York Court of Appeals · 1852
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by27 opinions
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- Felton v. Le BretonCalifornia Supreme Court · 1891
- Thomas v. Turner's Adm'rSupreme Court of Virginia · 1890
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- Humphrey v. Eddy Transportation Co.Michigan Supreme Court · 1895
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