Foster v. Wood
New York Court of Common Pleas
Proceedings to enforce a judgment against the representatives of a deceased defendant. The plaintiff, Amasa S. Foster, summoned Rufus H. Wood, administrator, and Sarah E. Messer, administratrix, of Willard Messer, deceased, to show cause why a judgment he had recovered should not be enforced against the estate. The facts are fully stated in the opinion. The case was argued at General Term, in October, 1863, the first time.
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Proceedings to enforce a judgment against the representatives of a deceased defendant. The plaintiff, Amasa S. Foster, summoned Rufus H. Wood, administrator, and Sarah E. Messer, administratrix, of Willard Messer, deceased, to show cause why a judgment he had recovered should not be enforced against the estate. The facts are fully stated in the opinion. The case was argued at General Term, in October, 1863, the first time. Later, a motion was made for a re-argument, which was granted. It was again argued in March, 1865.
1Opinion of the Court
By the Court.—Daly, F. J.*
An action was brought by the plaintiff against William Leavenworth and Willard Messer, in the life time of Messer, upon a joint obligation entered into by them, in which action Leavenworth alone was served with process, and a judgment was entered up against both, in conformity with the provisions of the statute in relation to joint debtors (2 R. S., 377; Code, § 136). After the entry of the judgment, Messer died, and the plaintiff summoned his personal representatives, the defendants, to show cause why the judg ment should not be enforced against the estate of…
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