Houghtaling v. Marvin
New York Supreme Court
This action was brought by the plaintiff as administrator de bonis non of the estate of Isaac Wilcox, deceased, to recover a sum of money alledged to have been received by the defendant to and for the use of the estate.
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This action was brought by the plaintiff as administrator de bonis non of the estate of Isaac Wilcox, deceased, to recover a sum of money alledged to have been received by the defendant to and for the use of the estate. The intestate was a stockholder in the Cochecton and Great Bend Turnpike Company, and in the spring of 1842, several years after his decease, there was standing to his credit, upon the books of the company, $76 for dividends upon his stock for the two years preceding. Oh the 6th of April, 1842, Zera E. Hayden, the administrator, drew for the amount upon the treasurer of the…
1Opinion of the Court
By the Court, Allen, J.
It is very clear, from the evidence, that the bill or order of the administrator Hayden upon the treasurer of the turnpike company, for the dividends upon the stock of the intestate, was not intended as an absolute transfer of the fund to the defendant. It was an authority to him to receive the money; and unless it was a power coupled with an interest in the defendant or some other person, the authority was revoked by the death of the principal, (Hayden,) before the receipt of the money, and the defendant, upon its receipt, became a trustee for the representatives of…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Knapp v. AlvordNew York Court of Chancery · 1843
3Cited by7 opinions
- Hawley v. SmithIndiana Supreme Court · 1873
- Ish v. CraneOhio Supreme Court · 1862
- In re the Estate of TabbaghNew York Surrogate's Court · 1938
- Gardner v. First National BankMontana Supreme Court · 1890
- Stevens v. SessaAppellate Division of the Supreme Court of the State of New York · 1900
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