Legal Opinion

Egerton's administrator v. Conklin

New York Supreme Court

Decided December 15, 1840PublishedCited by 6 opinions

Error from the supreme court. Thomas Asten, as survivor, &c., brought an action of debt in the superior court of the city of New-York on a bond, executed by the defendant to him and John Baker as administrators, &c., of Abraham S. Egerton, deceased, bearing date 1st May, 1827. The condition of this bond (after reciting that the obligees had assigned to the obligor a ^ease of lot No. 60, in Broad-street in the city of New-York, executed by Judith Myers, the widow and relict…

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Error from the supreme court. Thomas Asten, as survivor, &c., brought an action of debt in the superior court of the city of New-York on a bond, executed by the defendant to him and John Baker as administrators, &c., of Abraham S. Egerton, deceased, bearing date 1st May, 1827. The condition of this bond (after reciting that the obligees had assigned to the obligor a ^ease of lot No. 60, in Broad-street in the city of New-York, executed by Judith Myers, the widow and relict of Manuel Myers, to Egerton for the term of her natural life, reserving an annual rent,) was that the obligor should pay…

1Opinion of the Court

After advisement, the following opinions were delivered :

“By the Chancellor.

The right of the plaintiff to recover in [ *232 ] this suit, depended upon the question whether the public administrator of the city of New-York was legally authorized and empowered to convey to the defendant the lot No. 60 in Broad-street, at a price to be agreed upon between those parties, or at a fair price to be fixed upon by appraisers, if the parties could not agree between themselves, according to the terms of the lease of January, 1825, and the condition of the defendant’s bond.

Two questions are therefore…

2Cited by6 opinions

  1. Beekman v. . BonsorNew York Court of Appeals · 1861
  2. Ingle v. JonesSupreme Court of the United States · 1870
  3. Chellew v. WhiteWashington Supreme Court · 1923
  4. Beekman v. BonsorNew York Court of Appeals · 1861
  5. Peterson v. Chemical BankThe Superior Court of New York City · 1863

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