Betts v. Avery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eleanor C. Avery, executrix, etc., of John Avery, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 19th day of August, 1898, upon the decision of the court rendered after a trial at the Greene Trial Term, the jury having been discharged by consent of the parties.
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Appeal by the defendants, Eleanor C. Avery, executrix, etc., of John Avery, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 19th day of August, 1898, upon the decision of the court rendered after a trial at the Greene Trial Term, the jury having been discharged by consent of the parties. On the 7tli day of October, 1881, letters of administration on the estate of Maria Teats were granted to "Joseph Earl by the. sur. rogate of Greene county. John Avery and Andrew 0. Fancher…
1Opinion of the Court
Herrick, J.:. This is an action against the sureties upon the-bond of an administrator. The extent of the liability of such sureties has been stated by the Court of Appeals in the case of Potter v. Ogden (136 N. Y. 384, 402) as follows: “Such sureties must remain liable until they can show lawful payment to parties legally entitled to receive *345it; and where the sole defense is a merely technical and constructive transfer of liability from the same man in one capacity, to himself in another, it is not too much to require that it should be fully and clearly established, so as to leave no doubt…
2Cases cited1 opinion
- Potter v. . OgdenNew York Court of Appeals · 1893
3Cited by1 opinion
- Martz v. McMahonSupreme Court of Minnesota · 1911