Osterhout v. Hardenbergh
New York Supreme Court
THIS was an action of assumpsit for work and labour, anc* services done and performed, by the plaintiff for the intestate, in his life time. The defendant pleaded, non as-y . sumpsit, non assumpsit infra sex annos, actio non accrevit, &c. and plane administravit; and the plaintiff joined issue on these pleas.
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THIS was an action of assumpsit for work and labour, anc* services done and performed, by the plaintiff for the intestate, in his life time. The defendant pleaded, non as-y . sumpsit, non assumpsit infra sex annos, actio non accrevit, &c. and plane administravit; and the plaintiff joined issue on these pleas. The cause was tried at the last Ulster circuit, when the ‘jury found a verdict for the plaintiff on the two first issues, and assessed the damages at 600 dollars; and they found a verdict for the defendant on the third issue, Qr (-pe p|ea 0f pi ene administravit. 1 1
1Per curiam
There appears to have been some diversity in the decisions, whether the plaintiff, under these circumstances, is entitled to judgment for assets, quando acciderint, and, also, whether upon such a state of pleadings, he is entitled to costs. We are of opinion, that the plaintiff is entitled to judgment for assets, quando, &c. It has been conclusively ascertained by verdict, that the testator was indebted to the plaintiff to the amount found by the jury; and, notwithstanding that it is also found, that the defendant has fully administered, he may, in the course of administration, acquire assets…
2Cited by4 opinions
- Keith v. MolineuxMassachusetts Supreme Judicial Court · 1894
- Hammond v. GrangerMassachusetts Supreme Judicial Court · 1881
- Timberlake v. BensonGeneral Court of Virginia · 1823
- Timberlake v. BensonGeneral Court of Virginia · 1823