People v. Falconer
The Superior Court of New York City
Demurrer by the sureties, in an action of debt on an administrators bond.. The declaration set forth, the execution of the bond in the city of New York, by J. Raymond, W. H. Sackett, and the defendants, Downing and Falconer, dated May 27th, 1844, with a condition, that if J. Raymond and Sackett should faithfully execute the trust reposed in them, as administrators of all and singular the goods, chattels and credits of Henry Raymond,- late of Woodbridge, in the state of New…
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Demurrer by the sureties, in an action of debt on an administrators bond.. The declaration set forth, the execution of the bond in the city of New York, by J. Raymond, W. H. Sackett, and the defendants, Downing and Falconer, dated May 27th, 1844, with a condition, that if J. Raymond and Sackett should faithfully execute the trust reposed in them, as administrators of all and singular the goods, chattels and credits of Henry Raymond,- late of Woodbridge, in the state of New Jersey, deceased, and should obey all orders of the surrogate of the county of New York, touching the administration of…
1Opinion of the CourtBy the Court. Sandford, J.
The first ground of demurrer is, that the declaration fails to show that the surrogate of New York had jurisdiction of the administration of Henry Raymond. It appears that, he was domiciled in New Jersey, and there is no allegation that he left assets in this city.
We think a very plain answer to this objection is to be found in the bond executed by the parties, in which they became bound for their principal’s faithful execution of the trust reposed in them as administrators under the appointment of the surrogate of the county of New York, and for their obedience to all his orders touching…
2Cases cited3 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- People v. DunlapNew York Supreme Court · 1816
- People v. BarnesNew York Supreme Court · 1834
3Cited by7 opinions
- Cumberland Coal & Iron Co. v. Hoffman Coal Co.New York Supreme Court · 1862
- Fake v. WhippleNew York Supreme Court · 1862
- Scherer v. HopkinsNew York Court of Common Pleas · 1892
- Field v. Van CottNew York Court of Common Pleas · 1874
- Heirs of Cogswell v. FreudenauMissouri Court of Appeals · 1902
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