Ruggles & Hooker v. Sherman
New York Supreme Court
THIS was aii action of assumpsit. The cause was originally « o j commenced in the court of common pleas of Dutchess county, 1 J 7 an¿ the bill of exceptions taken at the trial in the court below, was removed into this court by writ of error. A venire facias de novo being awarded out of this court, the cause was tried before Mr. J. Yates, at the Dutchess circuit, in September, 1816. The plaintiffs declared for services rendered to the defendant’s intestate, as his attorneys.
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THIS was aii action of assumpsit. The cause was originally « o j commenced in the court of common pleas of Dutchess county, 1 J 7 an¿ the bill of exceptions taken at the trial in the court below, was removed into this court by writ of error. A venire facias de novo being awarded out of this court, the cause was tried before Mr. J. Yates, at the Dutchess circuit, in September, 1816. The plaintiffs declared for services rendered to the defendant’s intestate, as his attorneys. The defendant pleaded several debts of the intestate, by specialty, due the defendant and others, amounting to about 900…
1Opinion of the CourtVan Ness, J.
The principal question in this cause is, whether the confession of the judgment to Stevens, concludes the defendant, on the question of assets ? This suit was commenced before that of Stevens ; 0 and if there were no other debts against the estate; of the intestate, than those of the plaintiff and Stevens, there is no doubt but that the plaintiffs would be entitled to satisfaction of their demand. By commencing this suit before Stevens, the plaintiffs acquired a right to priority of satisfaction over him, the debts being of the same degree; for although an executor has a right to prefer one…
2Cases cited1 opinion
- Platt v. RobinsNew York Supreme Court · 1800
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