New York Court of Appeals
Marie Schutz, Respondent v. Joseph Morette, Sole Executor
May 21, 1895146 N.Y. 137
Summary
The Court reversed the lower court's judgment, sustaining the demurrer because the complaint failed to allege the requisite agreement and promise to pay, and because an executor's silence does not constitute admission or revive a claim barred by the statute of limitations.