Woodruff v. H. B. Claflin Co.
New York Court of Appeals
■ Appeal from a judgment of the Appellate Division of thd Supreme Court in the fourth judicial department, entered July 14, 1909, affirming a judgment in favor of plaintif entered upon a verdict directed by the court. The nature of the action and the facts, so far as materia]| are stated in the opinion.
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■ Appeal from a judgment of the Appellate Division of thd Supreme Court in the fourth judicial department, entered July 14, 1909, affirming a judgment in favor of plaintif entered upon a verdict directed by the court. The nature of the action and the facts, so far as materia]| are stated in the opinion. A creditor car not be compelled to refund a portion of the moneys he ha obtained from an insolvent estate in payment of his claim where the personal representative pays the claim upon the assumption that the estate is solvent, but previous to the time when the law would compel him to make such…
1Opinion of the CourtWillard Bartlett, J.
Jason G. Cooke, who died at Potsdam, H. Y., on December 23, 1899, was indebted to the defendant in the sum of $725.95. His widow, the plaintiff, became his administratrix on January 2, 1900. The defendant pressed for payment of its claim, threatening to sue if it were not speedily paid, whereupon the administratrix, believing the estate to be solvent, compromised it by paying $700 in the month of May, 1900. Upon her subsequent accounting in the Surrogate’s Court it turned out that the estate had been from the outset insolvent and was really capable. of paying only a dividend of 71.04 per cent…
2Cases cited11 opinions
- Wolf v. BeairdIllinois Supreme Court · 1888
- In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
- Mansfield v. LynchSupreme Court of Connecticut · 1890
- Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
- Adams v. SmithNevada Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- In re GlassNew York Surrogate's Court · 1929
- In Re the Estate of JamesMissouri Court of Appeals · 1970
- In re the Estate of WingNew York Surrogate's Court · 1937
- In re the Estate of FischNew York Surrogate's Court · 1968
13 more not listed; retrieve them via the Exa API.