People v. Dunlap
New York Supreme Court
THIS was an action of debt on an administration bond against the defendant, as surety. The declaration stated that the defendant, together with Anne Dunlap and William Harrowell, did, on the 8th of February, 1798, by his certain writing obligatory. acknowledge himself bound to the people of the state * o a a of New-York, in the sum of 550 dollars; the condition of which , bond was, among other things, that if the said Anne Dunlap, administratrix of Samuel Dunlap, deceased,…
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THIS was an action of debt on an administration bond against the defendant, as surety. The declaration stated that the defendant, together with Anne Dunlap and William Harrowell, did, on the 8th of February, 1798, by his certain writing obligatory. acknowledge himself bound to the people of the state * o a a of New-York, in the sum of 550 dollars; the condition of which , bond was, among other things, that if the said Anne Dunlap, administratrix of Samuel Dunlap, deceased, did make, or cause to be made, a true and perfect inventory of all and singular the goods, chattels, and credits of the…
1Opinion of the CourtSpencer, J.
The defendant’s counsel have made three objections to the declaration,
*4401. That the breach, in stating that goods, chattels, and credits, of the deceased, to the valué of 500 dollars,, have come to the hands and possession of the administratrix, is bad, in not setting forth the kind of goods specially;
2. 'That the non-payment of the judgment cannot be assigned ...as a breach of the condition, and,
3. That no action cambe maintained for’not duly administering the goods and chattel's- of the intestate'.
As to, the first point; in trespass or trover it is necessary,' undoubtedly, to state, with…
2Cited by14 opinions
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
- People v. FalconerThe Superior Court of New York City · 1848
- People ex rel. Heidinger v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1937
- Annett v. KerrThe Superior Court of New York City · 1864
- Nicholson v. CarrIndiana Supreme Court · 1832
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