21 N.Y.S. 993 | New York Court of Common Pleas | 1893
The action was brought to recover $333, alleged by plaintiff to be a claim against the estate of defendant’s intestate to Sarah A. Peck for board and rooms, washing, care of deceased, preparing body for burial, and use of plaintiff’s house for burial, less a credit of $72. The prime question to be determined on this appeal is whether the action is barred by the short statute of limitations. The claim of plaintiff, together with that of her sister, was presented to defendant,'as administrator, on November 17, 1890. He then told the person who presented these claims that he disputed and rejected them, and two days thereafter he signed and had left at plaintiff’s house a formal notice in writing, disputing and rejecting her claim. The summons in this action was served upon defendant on the 23d May, 1891. The statute expressly
It has been said that the statute of limitations is a technical defense lacking merit, but it is a defense which the law gives, and as such is entitled to its full weight. “An executor is bound to set up the bar of the statute, and he would not be allowed in his accounting any sum paid upon a debt which at the time of its payment by him was barred by such statute.” Butler v. Johnson, 111 N. Y. 212.
18 N. E. Rep. 643.