Clarkson v. Root
New York Supreme Court
Motion by the plaintiffs for an order allowing costs against the defendant as administrator. Tills action was brought by the plaintiffs, James Clark-son, and others, against the defendant, Edwin B. Boot, as administrator, &e., of Mary Ann Graham, deceased, for work done upon the premises formerly in the occupation of the deceased. Plaintiff recovered judgment after a trial.
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Motion by the plaintiffs for an order allowing costs against the defendant as administrator. Tills action was brought by the plaintiffs, James Clark-son, and others, against the defendant, Edwin B. Boot, as administrator, &e., of Mary Ann Graham, deceased, for work done upon the premises formerly in the occupation of the deceased. Plaintiff recovered judgment after a trial. It appeared upon this motion for costs, that the claim was not presented within the statutory limitation, owing, as was claimed, to the plaintiff’s ignorance of the publication of the advertisement to present claims made…
1Opinion of the CourtPattersoh, J.
This motion must be denied. It was held in Horton v. Brown (29 Hun, 654) that costs cannot be allowed in an action Against an executor who lias published the statutory notice requiring all creditors to present claims unless the claim upon which the action was brought was presented within the statutory limitations and the executor unreasonably resisted or neglected to pay. In other words, two things must concur—first, the presentation within the time limited, and the unreasonable resistance or delay.
In this case Judge Beaoii certifies that in his opinion the claim was unreasonably resisted ;…
2Cases cited1 opinion
- Field v. . FieldNew York Court of Appeals · 1879
3Cited by2 opinions
- King v. ToddNew York Court of Common Pleas · 1891
- Lightfoot v. DavisNew York Supreme Court · 1908