Dayton v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought by plaintiff as public administrator in the city of Hew York, and as administrator with the will annexed of Charles Breusing, deceased, against defendant as one of the sureties upon a bond alleged to have been given upon the appointment of Charles T. Baldwin, as collector or special administrator of the estate of said deceased. The bond recited that “the…
1Opinion of the CourtMiller, J.
The bond upon which this action was brought, was executed in accordance with the provisions of section 43 (2 R. S. [Edmond’s Edn.], 7, 9), having in view the appointment of Charles T. Baldwin as collector or special administrator of the estate of Charles Breusing, deceased, who had died leaving a will without naming any executor. Baldwin was appointed while proceedings were in progress for the probate of the will, before the surrogate of the county of New York. Various objections are urged to the validity of the bond, but none of them are of a character to authorize the conclusion that it was…
2Cases cited8 opinions
- The People v. . NortonNew York Court of Appeals · 1853
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Barber v. WinslowNew York Supreme Court · 1834
- Belden v. . MeekerNew York Court of Appeals · 1872
- Seaman v. . DuryeaNew York Court of Appeals · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrison v. . ClarkNew York Court of Appeals · 1882
- Seymour v. AultmanSupreme Court of Iowa · 1899
- Omaha Loan & Trust Co. v. BertrandNebraska Supreme Court · 1897
- Nichols v. DexterSupreme Court of Oklahoma · 1915
- Yates v. ThomasNew York Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.