Legal Opinion

Wickham v. Stern

City of New York Municipal Court

Decided December 23, 1889PublishedCited by 1 opinion

On motions to vacate attachments. The attachments in these cases were issued against Simon Stern, executor, and Dinah Stern, executrix, of Joseph Stern, deceased, at the suit of Daniel H. Wickham and others, William Blackington and others, John Englefield and others, and Hyman Schenkeim and others.

1Opinion of the CourtMcAdam, C. J.

While it is true that an attachment cannot issue against an executor or administrator, in his representative capacity, for a demand against his decedent, [In re Hurd, 9 Wend. 465,) it is equally clear that an attachment may issue in a proper case, against a person holding a position of executor or administrator, for a debt contracted and owing by himself. The debts contracted here were created by a firm composed of the defendants. The debts are obligations of the defendants, and not of the decedent. Indeed, they could not charge his estate with d*bts contracted by them. See cases collated in…

2Cases cited3 opinions

  1. In re HurdNew York Supreme Court · 1833
  2. Ryan v. RandCity of New York Municipal Court · 1887
  3. Wilmerding v. MooneyNew York Court of Common Pleas · 1860

3Cited by1 opinion

  1. In re the Estate of SabatinoNew York Surrogate's Court · 1977

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