Van Buskirk v. Roy
New York Supreme Court
It appeared from the defendant’s affidavit that David Spencer, the father of Mrs. Jewett, died intestate, in 184G. The defendant was appointed administrator of his estate. In 1849 Mrs. Jewett died, leaving her husband and one child, an infant, surviving her. After her. death her husband was appointed guardian of the child.
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It appeared from the defendant’s affidavit that David Spencer, the father of Mrs. Jewett, died intestate, in 184G. The defendant was appointed administrator of his estate. In 1849 Mrs. Jewett died, leaving her husband and one child, an infant, surviving her. After her. death her husband was appointed guardian of the child. Upon the settlement of the estate of Spencer, after the death of Mrs. Jewett, there was due to her estate, $900. For this amount the defendant gave his note to Jewett, as guardian of his infant child. In June, 1850, the defendant paid the amount due on the note to Jewett,…
1Opinion of the Court
Harris, Justice.
This is, obviously, a fit case for the exercise of the discretion vested in the court by the 122d section of *427the Code. The mere fact that a third person made some claim to the subject matter of the action should not induce the court thus to interfere. But this seems to be a case where the defendant, though entirely indifferent between the parties claiming the fund, and ready and willing to pay it to either who may be entitled to it, cannot, by paying it to either, or even by submitting the matter to the decision of the court, in this action, be protected against another action…
2Cited by4 opinions
- Wheatley v. StrobeCalifornia Supreme Court · 1859
- Greenblatt v. MendelsohnCity of New York Municipal Court · 1905
- McElroy v. BaerNew York Court of Common Pleas · 1886
- McElroy v. BaerNew York Court of Common Pleas · 1886