Griffith v. Beecher
New York Supreme Court
This was an appeal from a decree of the surrogate of Oneida county, upon the final accounting of administrators. On the 14th of July, 1849, Matthew Beecher, a creditor of the decedent, applied to the surrogate for a citation, calling the administrators to an account.
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This was an appeal from a decree of the surrogate of Oneida county, upon the final accounting of administrators. On the 14th of July, 1849, Matthew Beecher, a creditor of the decedent, applied to the surrogate for a citation, calling the administrators to an account. On the fourth of September following, the parties appeared before the surrogate, and the creditor proved his claim, to the amount of $24,44, and the further hearing was adjourned to the 7th day of November, 1849, when the administrator was allowed, by the surrogate, to file an amended account; whereupon the further hearing of the…
1Opinion of the Court
By the Court, Gridley, P. J.
The question here is, whether the proceeds of the contract were assets; or if not, whether the administrator was estopped, as against the cred-
*434itor, who was a simple contract creditor, from setting up that they were not.
I. Upon the first question, there can scarcely be a doubt entertained. The contract bears date August 20, 1844, and Thomas died in the spring of 1845. The land was occupied by the family of the deceased, and was afterwards rented for two years by the administrator. The interest in the contract, which was about §1400 over and above the money due upon…
2Cases cited3 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Petrie v. FeeterNew York Supreme Court · 1839
- Talbot v. ChamberlinNew York Court of Chancery · 1831
3Cited by14 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Willcox v. SmithNew York Supreme Court · 1858
- McFadden v. . AllenNew York Court of Appeals · 1892
- Moore v. BurrowsNew York Supreme Court · 1861
- Persico v. GuernseyNew York Supreme Court · 1927
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