Bate v. . Graham
New York Court of Appeals
The action was commenced in 1851 by Bate, a judgment creditor of one Whorry, deceased, against Graham, the administrator of his estate, and Jordan, to set aside an assignment made by Whorry in his lifetime, to Jordan, of a verdict in his favor, against one Miller, on the ground that the assignment was fraudulent, and void as against creditors.
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The action was commenced in 1851 by Bate, a judgment creditor of one Whorry, deceased, against Graham, the administrator of his estate, and Jordan, to set aside an assignment made by Whorry in his lifetime, to Jordan, of a verdict in his favor, against one Miller, on the ground that the assignment was fraudulent, and void as against creditors. The complaint alleged .that the plaintiff was the owner of a number of judgments, which were specified, recovered against Whorry in his lifetime, upon one. of which an execution was returned unsatisfied shortly previous to the death of Whorry; that in…
1Opinion of the CourtDenio, J.
I am of opinion that a creditor of a deceased person, whether by judgment or, simple contract, cannot, there being an executor or administrator appointed, maintain an action against a party in possession of, or claiming title to the assets of the debtor, to try the right to such assets. We have not been referred to any precedent for such an action, and I have been unable to find one. The executor or administrator is the party designated by the law to vindicate all such rights; and it would be incongruous to allow the creditor to pass him by, and bring an action directly against-a party whom…
2Cited by54 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Cornell v. RadwayWisconsin Supreme Court · 1867
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