Pinney v. Administrators of Johnson
New York Supreme Court
Demurrer to replication. The declaration is of February term, 1828, and contains counts on two promissory notes made by the intestate, and also the money counts.
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Demurrer to replication. The declaration is of February term, 1828, and contains counts on two promissory notes made by the intestate, and also the money counts. The defendants plead first the general issue, and second a special plea, setting forth 1st, an outstanding debt by bond from the intestate to A. B., on which there is due $532, and 2d, that one D. Sprague, after the death of the intestate, to wit, in October term, 1827, by bill, impleaded the defendants, as administrators of the intestate, in a plea of debt for $4473,26, due and owing to Sprague from the defendants, as administrators…
1Opinion of the Court
By the Court, Sutherland, J.
It seems to be well settled upon authority, that a judgment upon a bond or other security given by an administrator or executor, though in his repreMutative .character, does not bind the estate which he represents, nor can it be taken upon the execution issued thereon. The description of the defendants in the bond as executors or administrators, is surplusage, and they are chargeable upon such a bond and judgment only in their own right. It is their personal contract, and whatever their rights may be, under such a bond or judgment if paid by them, in their…
2Cases cited2 opinions
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Geyer v. SmithSupreme Court of the United States · 1788
3Cited by10 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Branch v. Littleberry BranchSupreme Court of Florida · 1855
- Brown v. FarnhamSupreme Court of Minnesota · 1893
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