Gottsberger v. Smith
The Superior Court of New York City
Appeal from, a judgment, entered, upon the direction of a Judge at Special Term trying the cause without a jury, with a stay of proceedings until the decision.
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Appeal from, a judgment, entered, upon the direction of a Judge at Special Term trying the cause without a jury, with a stay of proceedings until the decision. The action is brought by the plaintiffs, as administrators, with the will annexed, of Francis O’Neil, deceased, to recover the sum of $1,397.97, and interest from February 17th, 1853, alleged to be due to the estate of said O’Neil, from George J. Smith, the defendant, a former administrator, ad colligendum, of the estate. The action is upon the bond given by said Smith, upon his appointment as such administrator, with the other…
1Opinion of the CourtBy the Court. Hoffman, J.
The case has been presented in two aspects. First: That the sureties are clearly bound by the *569terms of their bond, for the $1086.90, receipted for by Smith, even if the question is an open one. Next: That the decree of the Surrogate, charging Smith with the amount, is conclusive upon them.
First. The obligation of Smith was, to account for all money, property, or things in action received by him as collector. The sureties covenant that he shall do this. The money in question was, in contemplation of law, in Henry’s hands. He was chargeable with it; and, doubtless, was charged with it upon…
2Cases cited1 opinion
- United States v. Gabriel F. IrvingSupreme Court of the United States · 1843
3Cited by5 opinions
- Lyon v. OsgoodSupreme Court of Vermont · 1886
- In re the Accounting of SalzmanNew York Surrogate's Court · 1957
- Price v. McClaveThe Superior Court of New York City · 1857
- Norris v. TowleSupreme Court of New Hampshire · 1874
- Wheeler v. EmersonSupreme Court of New Hampshire · 1860