Executors of Clark v. Hopkins

New York Supreme Court

Executors of Clark v. Hopkins

7 Johns. 556

CourtNew York Supreme Court

DecidedFebruary 15, 1811

StatusPublished

Cited by6 cases

This text of 7 Johns. 556 (Executors of Clark v. Hopkins) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Clark v. Hopkins, 7 Johns. 556 (N.Y. Super. Ct. 1811).

Pincite

Opinion

Per Curiam.

It would be against all rule to permit a judgment to be entered up on a warrant of attorney, after the lapse of 18 years, on the usual affidavits. It has been decided, (6 Mod. 22. 1 Burr. 434. 4 Burr. 1963. 1 Str. 652. 2 Str. 826. 1 Term Rep. 270, 271. Cowp. 109. 214.) that after 18 and 20 years, a bond will be presumed to have been paid. The obligee ought to show a demand of payment, and an acknowledgment of the debt, within that time, to rebut this presumption.

Motion denied.

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Per Curiam.

It would be against all rule to permit a judgment to be entered up on a warrant of attorney, after the lapse of 18 years, on the usual affidavits. It has been decided, (6 Mod. 22. 1 Burr. 434. 4 Burr. 1963. 1 Str. 652. 2 Str. 826. 1 Term Rep. 270, 271. Cowp. 109. 214.) that after 18 and 20 years, a bond will be presumed to have been paid. The obligee ought to show a demand of payment, and an acknowledgment of the debt, within that time, to rebut this presumption.

Motion denied.

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Bluebook (online)

7 Johns. 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-clark-v-hopkins-nysupct-1811.

Opinion

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