Legal Opinion
In re the Estate of Rutherfurd
New York Surrogate's Court
Decided February 2, 1944PublishedCited by 4 opinions
1Opinion of the Court
Foley, S.
In this proceeding, Henri Bendel, Inc., the petitioner, sought to compel the executor to file an account. The answer of the executor denied the status of the petitioner as a creditor of the estate. In accordance with the customary practice of the court a trial of such status was had. The Surrogate finds upon the evidence that the claim of the petitioner does not constitute a valid debt against the estate. The application for the compulsory accounting is therefore denied.
The principal reason for such disallowance and denial is that the plaintiff sued the decedent in France in the…
2Cases cited8 opinions
- Johnston v. Compagnie Generale TransatlantiqueNew York Court of Appeals · 1926
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Bean v. . TonneleNew York Court of Appeals · 1884
- Warner v. Buffalo Drydock Co.Court of Appeals for the Second Circuit · 1933
- Cowans v. Ticonderoga Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1927
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Western Coal & Mining Co. v. JonesCalifornia Supreme Court · 1946
- Tahan v. HodgsonCourt of Appeals for the D.C. Circuit · 1981
- Boscowitz v. Chase National BankCity of New York Municipal Court · 1952
- In re the Estate of ThomsNew York Surrogate's Court · 1973