Douglass v. Satterlee
New York Supreme Court
was an action of assumpsit against Samuel Satterlee jun. and Micah Sterling, administrators, and Martha Satterlee, administratrix, &c. of Elisha Satterlee, deceased, intestate, the said Samvel being returned in custody, &c. and the said Micah and Martha not found.
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was an action of assumpsit against Samuel Satterlee jun. and Micah Sterling, administrators, and Martha Satterlee, administratrix, &c. of Elisha Satterlee, deceased, intestate, the said Samvel being returned in custody, &c. and the said Micah and Martha not found. The declaration contained three counts; 1. On a promissory note made by the intestate, dated 14th February, 1810, for 126 dollars and 47 cents, payable to Rathbone and Douglass, or order, on demand, and endorsed by them to Benjamin Chamberlain, and by him endorsed to the plaintiff; 2. For goods sold and delivered to the intestate;…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The questions in this case arise upon the plea of the administrator, S. Satterlee, who was the only administrator taken and brought into court.
There is no doubt that the plea is bad in part. The outstanding judgments in favour of J. and L. Deoereaux, and of Gilbert and Bows, and the debt due on the covenant to Salisbury,are neither of them well pleaded. In all these cases, the intestate was jointly indebted with others, and there is no averment in the plea that he vzas survivor, without which he was not chargeable at law. The case of Norton v.…
2Cited by26 opinions
- People Ex Rel Eagle v. KeyserNew York Court of Appeals · 1863
- Edmonds v. CrenshawSupreme Court of the United States · 1840
- People v. O'NeillMichigan Supreme Court · 1895
- In re Estate of OsbornCalifornia Supreme Court · 1890
- Montague v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1867
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