Beardsley v. Marsteller

This action was commenced by Nicholas Marsteller against George T. TenEyck, to recover money paid by the plaintiff, as administrator of the estate of A. J. Mor- . ley, deceased, on a claim which the defendant held against, the above mentioned estate. Pending the suit the death of TenEyck was suggested on the record, and George T. Beardsley, executor of his estate, was substituted as defendant.

The special finding of the court presents all the facts material to be considered' in determining the merits of the controversy. It is found that TenEyck had a claim amounting to $1,368 against the…