Malloy v. Vanderbilt
New York Supreme Court
This was an action upon a judgment by Rowland B. Malloy against Edward W. Vanderbilt, individually and as administrator, &c., and others. The judgment was recovered on November 14, 1853, for $4,790.90. It was docketed that day in the clerk’s office of the city and county of New' York, against Oliver Vanderbilt.
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This was an action upon a judgment by Rowland B. Malloy against Edward W. Vanderbilt, individually and as administrator, &c., and others. The judgment was recovered on November 14, 1853, for $4,790.90. It was docketed that day in the clerk’s office of the city and county of New' York, against Oliver Vanderbilt. The judgment debtor died intestate on October 19, 1868, leaving a widow and several children, and the descendant of a deceased child. . On November 9, 1868, letters of administration were granted upon his estate by the surrogate to one of his sons, the defendant, Edward W. Vanderbilt.…
1Opinion of the CourtVan Vorst, J.
Two of the defendants only have answered the complaint, and contest the plaintiff’s right to succeed in this action—the daughter and granddaughter of the intestate debtor, by his first wife.
The administrator of the estate of the judgment debtor, and the defendants, other than the two above alluded to, have suffered a default by a failure to answer, and' have not appeared on the trial.
Some objections are taken by the two defendants who have answered, growing out of alleged irregularities in respect to the execution issued upon the judgment more than ten years ago.
But in Everingham v.…
2Cases cited12 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Parker v. JacksonNew York Supreme Court · 1852
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Wood v. WoodNew York Supreme Court · 1858
- Henderson v. HendersonNew York Supreme Court · 1846
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3Cited by3 opinions
- Pangburn v. MilesNew York Supreme Court · 1880
- Adams v. FassettNew York Supreme Court · 1893
- Adams v. FassettNew York Supreme Court · 1893