New York Court of Appeals

Bloodgood Executor Against Herman Bruen

June 5, 18538 N.Y. 362

Summary

The New York Court of Appeals reversed the superior court's decree and dismissed the bill of complaint, holding that the statute of limitations barred the plaintiff's claim. The court found that the acknowledgments by the surviving partner were not unconditional promises made to the creditor and therefore could not revive a time‑barred debt, and that an executor cannot create a new contract binding the deceased partner's estate.