James & Flack v. Hackley
New York Supreme Court
THIS was an action of assumpsit brought against the dex ° ° fendants, as the administrators of Chauncey Woodruffs deceased. The declaration contained counts for goods sold and delivered to the intestate, and the usual money counts; and the promises were alleged, in one set of counts, to have been made by the intestate, and in the other, by the administrators. There were, also, counts on an insimul computassent with the deceased, and with the administrators.
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THIS was an action of assumpsit brought against the dex ° ° fendants, as the administrators of Chauncey Woodruffs deceased. The declaration contained counts for goods sold and delivered to the intestate, and the usual money counts; and the promises were alleged, in one set of counts, to have been made by the intestate, and in the other, by the administrators. There were, also, counts on an insimul computassent with the deceased, and with the administrators. Of ___ __ the three administrators, HacJcley, Ford, and Gifford, Ford, only appeared and pleaded, 1. Payment by the administrators; 2.…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
Two questions have been made, 1. Whether the written admission by Hackley, one of the admistrators, in August, 1816, is conclusive evidence of the debt;, and, 2. Whether the notes of Hackley, under the circumstances of the case, are to be regarded as an extinguishment or satisfaction of the debt against the intestate ?
There can be no doubt, that if administration be granted to several persons, either of them has authority to receive any debt due to the intestate; and, in general, the powers of an administrator, where there are several, is…
2Cited by9 opinions
- Hart v. HudsonThe Superior Court of New York City · 1857
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Scruggs v. Driver's ExecutorsSupreme Court of Alabama · 1857
- First National Bank v. LeavittSupreme Court of Missouri · 1877
- American Brick & Tile Co. v. DrinkhouseSupreme Court of New Jersey · 1896
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