Legal Opinion

Field v. Van Cott

New York Court of Common Pleas

Decided January 15, 1874PublishedCited by 1 opinion

Edward L. Field, surviving administrator of Julia F. Brailesford, sued Joshua M. Van Cott, and Eli H. Reed in the New York common pleas, on an administration bond, made by defendants, together with Thomas Gr. Van Cott, administrator with the will annexed, of the goods, &c., of Gabriel Van Cott, deceased.

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Edward L. Field, surviving administrator of Julia F. Brailesford, sued Joshua M. Van Cott, and Eli H. Reed in the New York common pleas, on an administration bond, made by defendants, together with Thomas Gr. Van Cott, administrator with the will annexed, of the goods, &c., of Gabriel Van Cott, deceased. The complaint was substantially in the form which was sustained in the case of People v. Falconer, 2 Sandf., 81. But it also alleged that the decree had been docketed and execution issued and returned unsatisfied.* Thomas G. Van Cott, the administrator, was not made a party; although he…

1Opinion of the Court

By the Court.—Robinson, J.

This action was brought against the defendants as sureties upon an administrators’ bond given by Thomas G. Yan Cott, in November, 1867, upon the granting to him by the surrogate of the city and county of New York, of letters of administration upon the estate of Gabriel Yan Cott, deceased ; and the alleged breach of the condition was his neglect or refusal to pay, according to the subsequent decree of the surrogate (made on February 24, 1871), out of the assets that had come into his hands, a debt adjudged to be due the plaintiff, payable from the' estate of the…

2Cases cited13 opinions

  1. Vose v. . CockcroftNew York Court of Appeals · 1871
  2. Supervisors of Rensselaer County v. BatesNew York Court of Appeals · 1858
  3. Cadwell v. ColgateNew York Supreme Court · 1849
  4. Kelly v. . McCormickNew York Court of Appeals · 1863
  5. Carman v. . PlassNew York Court of Appeals · 1861

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3Cited by1 opinion

  1. Cumins v. Lawrence CountySouth Dakota Supreme Court · 1890

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