McLaren v. McMartin
New York Court of Appeals
McLaren v. McMartin, 33 How. Pr. 449 (N.Y. 1867)
McLaren v. McMartin
Opinion of the Court
This court held, that the indorsement in the handwriting of the defendant, was a mere statement of the fact of such payment by one who had no authority in such form to bind the estate on the residue ; and that had the administrator signed the indorsement in his representative capacity, it would have proved nothing but the making of such payment; and would not have amounted to a renewal of the note, or a promise to pay the residue thereof. That the claim being barred by statute, did not constitute a legal debt against the estate ; and the administrator could not revive it so as to bind the estate for the residue of the note.
Judgment affirmed.
Reference
- Full Case Name
- Peter M. McLaren agt. Martin McMartin, administrator of Daniel McMartin
- Status
- Published