People ex el. Nash v. Faulkner
New York Supreme Court
Appeal from circuit court, Livingston county. Action by the people ex rel. Edwin A. Nash, surrogate of Livingston county, against Lester B. Faulkner, executor of James Faulkner, deceased, a surety on the official bond of Samuel D. Faulkner, a former surrogate of Livingston county, to recover money of an estate deposited in a private' bank, which failed.
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Appeal from circuit court, Livingston county. Action by the people ex rel. Edwin A. Nash, surrogate of Livingston county, against Lester B. Faulkner, executor of James Faulkner, deceased, a surety on the official bond of Samuel D. Faulkner, a former surrogate of Livingston county, to recover money of an estate deposited in a private' bank, which failed. The action has been tried three times: First, at the circuit court in Livingston county, February 9, 1882, before Mr. Justice Dwight, without a jury, when the complaint was dismissed, judgment being subsequently entered against plaintiff for…
1Opinion of the CourtMacomber, J.
This action is brought on two official bonds of the late Samuel D. Faulkner, surrogate of the county of Livingston, to recover moneys alleged to have been in his hands at the time of his death belonging to the estate of one Samuel Finley, deceased, and which had been paid to such surrogate for the purpose of distribution among the creditors of Finley. The defense interposed is not a denial of the receipt of the moneys, and the deposit of the same, but an allegation that the moneys so received were deposited by *377the surrogate with one James J. Cone, a private banker in Geneseo, a person in good…
2Cases cited2 opinions
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
- Baskin v. AndrewsNew York Supreme Court · 1889
3Cited by1 opinion
- State Ex Rel. Clark v. LibbertIndiana Court of Appeals · 1931