Hoctor v. Lavery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Lavery, from a judgment of the Supreme Court in favor of the plaintiff, éntered in the office of the clerk of the county of Warren on the 21st day of July, 1899, upon the report of a referee. . This is an'action brought under the provisions of sections 1837, 1838,1840 and 1841 of the Code of Civil Procedure to recover from the'defendant,' as one of the legatees of John Lavery, deceased, who was in his lifetime administrator with the will…
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Appeal by the defendant, Samuel Lavery, from a judgment of the Supreme Court in favor of the plaintiff, éntered in the office of the clerk of the county of Warren on the 21st day of July, 1899, upon the report of a referee. . This is an'action brought under the provisions of sections 1837, 1838,1840 and 1841 of the Code of Civil Procedure to recover from the'defendant,' as one of the legatees of John Lavery, deceased, who was in his lifetime administrator with the will annexed of one Hugh Lavery, deceased, the proportionate share of. $700, being the contract price of a monument for the said…
1Opinion of the Court
Herrick, J.:
From the admission, of - record, in this case, wé must assume the finding of the referee, as to the purchase of the monument by John Lavery, to be correct.
John Lavery was personally. liable for the contract price of the monument purchased by him, and the indebtedness thereby incurred constituted a claim against him, arid not against the .estate of Hugh La.very, in the first instance at least, although purchased by him while acting as administrator of Hugh Lavery, and for the purpose of carrying into effect the wishes of his testator. (Ferrin v. Myrick, 41 N. Y. 315 ; Austin v.…
2Cases cited1 opinion
- Ferrin v. . MyrickNew York Court of Appeals · 1869
3Cited by1 opinion
- Field v. Israel Suchman Corp.New York Supreme Court · 1929