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.