Parker's Executors v. Gainer's Administrator
New York Supreme Court
Demurrer to plea. The plaintiffs declared as of October term, 1834, on a bond in the penalty of $5000, conditioned for the payment of $2500, bearing date 13th June, 1829, executed by William Gainer to Jason Parker.
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Demurrer to plea. The plaintiffs declared as of October term, 1834, on a bond in the penalty of $5000, conditioned for the payment of $2500, bearing date 13th June, 1829, executed by William Gainer to Jason Parker. The defendant pleaded that in October term, 1«32, one William Gainer commenced a suit in this court against the defendant, as administrator of William, Gainer, deceased, in a plea of trespass on the case upon promises made by William Gainer, deceased, in liis lifetime, to the plaintiff in such suit, and subsequently, in January term, 1833, recovered judgment against the defendant,…
1Opinion of the Court
By the Court,
Cowen, J.
The plea is clearly bad. The judgment gave no preference to Gainer over the claim of the plaintiffs (2 R. S. 87, § 28). Under our present system of administration, preferred debts are but few in number. Debts entitled to preference under the laws of the United States, taxes, and judgments against the deceased at the time of his death, constitute the 1st, 2d and 3d classes; all judgments against his personal representatives, and recognizances, bonds, sealed instruments, and demands on simple contract against the deceased, come in for equal dignity (2 R. S. 87, § 27, 28).…
2Cases cited1 opinion
- Winne v. Van SchaickNew York Supreme Court · 1832
3Cited by4 opinions
- Mayor of New York v. GormanAppellate Division of the Supreme Court of the State of New York · 1898
- Ferrin v. MyrickNew York Supreme Court · 1869
- Mayor of New York v. GormanAppellate Division of the Supreme Court of the State of New York · 1898
- Mitchell v. MountNew York Supreme Court · 1864