Merchants' Insurance v. Hinman
New York Supreme Court
IN June, 1851, Thomas Lewis executed to the plaintiffs a bond conditioned for the payment of $20,000 and interest, which bond was secured by a mortgage upon five lots, in the county of Kings, made by the said Thomas Lewis and Clarissa C. his wife.
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IN June, 1851, Thomas Lewis executed to the plaintiffs a bond conditioned for the payment of $20,000 and interest, which bond was secured by a mortgage upon five lots, in the county of Kings, made by the said Thomas Lewis and Clarissa C. his wife. Thomas Lewis died intestate, leaving him surviving his widow, Clarissa C. Lewis, who afterwards intermarried with the defendant Richard H. Hinman ; also Clara C. Lewis, Charles P. Lewis and Thomas S. Lewis, infant children, and Joseph B. Lewis, who afterwards assigned his interest in the decedent’s estate to William Hutton. In August, 1854, Andrew…
1Opinion of the Court
By the Court.
The term “ next of kin,” (in regard to the remedy,) means those to whom, under the statute of distributions, the personal estate of the deceased would pass.
The action is properly brought against the infants where the amount of the estate belonging to them has been paid over to the general guardian. In such a case, the judgment should direct the money to be paid out of the funds in the hands of the guardian.
Mere delay in foreclosing a mortgage, without any request or notice to foreclose, and where the interest has been paid, is not enough to charge upon the mortgagees the…
2Cited by6 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. RyanSupreme Court of Kansas · 1901
- Betsinger v. . ChapmanNew York Court of Appeals · 1882
- Western Union Tel. Co. v. McGillCourt of Appeals for the Eighth Circuit · 1893
- Knickerbacker v. SeymourNew York Supreme Court · 1863
- Betsinger v. ChapmanNew York Supreme Court · 1881
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