Executors of Schoonmaker v. Elmendorf
New York Supreme Court
THE writ of scire facias, in this cause, stated that Thomas Schoonmaker and Wyntje Schoonmaker, the testatrix, recovered judgment against the defendants, in this court, in August term, 1805, for 2,500 dollars debt, and 74 dollars and 14 cents damages and costs; and that afterwards Thomas died, and the testatrix survived him; that afterwards, on the 23d of July, 1811, the testatrix died, having first made her will, and thereby appointed the plaintiffs her executors, &c.; that…
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THE writ of scire facias, in this cause, stated that Thomas Schoonmaker and Wyntje Schoonmaker, the testatrix, recovered judgment against the defendants, in this court, in August term, 1805, for 2,500 dollars debt, and 74 dollars and 14 cents damages and costs; and that afterwards Thomas died, and the testatrix survived him; that afterwards, on the 23d of July, 1811, the testatrix died, having first made her will, and thereby appointed the plaintiffs her executors, &c.; that the judgment was recovered . on an obligation, dated the 5th of September, 1797, executed by Dervitt, in his lifetime,…
1Per curiam
The bond was given to the husband imd wife *51jointly, for their maintenance, during their joint and separate lives. The wife was properly a party to the bond, for she had a distinct interest, and one which was intended to survive to her,. if she survived her husband. There can be no doubt that the bond so taken was valid, and that the husband and wife might join'in a suit upon it. (Stra. 230. Cro. Jac. 77.) The original suit and judgment being in favour of them jointly, the interest in the judgment survived, of course, to her, as the survivor; and the scire facias was well brought by her…
2Cited by7 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Crawford v. SladeSupreme Court of Alabama · 1846
- Alexander v. School District No. 6.Supreme Court of Vermont · 1890
- Allen v. TateMississippi Supreme Court · 1881
- Wentworth v. RemickSupreme Court of New Hampshire · 1866
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