Conger v. Ring
New York Supreme Court
This was an appeal by the plaintiff from a judgment entered at a special term, by a justice of this court, upon a special verdict. The action was brought against the defendant, as executor of Tobias Stoutenburgh, to recover the amount of a promissory note made by the testator, for $275,61, payable to one Schultz, or bearer, and of which the plaintiff had become the owner.
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This was an appeal by the plaintiff from a judgment entered at a special term, by a justice of this court, upon a special verdict. The action was brought against the defendant, as executor of Tobias Stoutenburgh, to recover the amount of a promissory note made by the testator, for $275,61, payable to one Schultz, or bearer, and of which the plaintiff had become the owner. The complaint alledged that the testator died in 1846, leaving some personal estate, and 186 acres of land in Clinton, Dutchess county, of the value of at least $4000, but mortgaged to one John Drury for about $850; that the…
1Opinion of the Court
By the Court,
Brown, J.
Tobias Stouteriburgh, the defendant’s testator, died in June, 1846, seised of a farm in the town of Clinton in the county of Dutchess, containing 185 acres, of the value of $2500, charged with the payment of a mortgage to John Drury to secure $850. He left a will and appointed the defendant his executor, which will was admitted to probate on the 6th July, 1846, and letters thereon issued to the defendant. The executor was directed to sell and dispose of the real and personal estate within one year after the testator’s death, and after the payment of his debts and funeral…
2Cases cited5 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- De Caters v. Le Ray De ChaumontNew York Court of Chancery · 1831
- Searing v. SearingNew York Court of Chancery · 1841
3Cited by15 opinions
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Hamilton v. DoolyUtah Supreme Court · 1897
- Scholle v. . ScholleNew York Court of Appeals · 1886
- Terwilliger v. . BrownNew York Court of Appeals · 1870
- Anderson v. FryAppellate Division of the Supreme Court of the State of New York · 1907
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