Dodson v. Sevars
New Jersey Court of Chancery
On demurrers to bill. The bill alleges that the estate of James Taylor is indebted to the complainants in the sum of $12,749.56, the indebtedness arising from eight promissory notes made by one Isaac Davis to the order of James Taylor, and endorsed by Taylor and transferred to the complainants for value prior to the maturity of the-notes; that James Taylor died at,Trenton on August 17th, 1887, before any of the notes became due; that when the notes became due they were…
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On demurrers to bill. The bill alleges that the estate of James Taylor is indebted to the complainants in the sum of $12,749.56, the indebtedness arising from eight promissory notes made by one Isaac Davis to the order of James Taylor, and endorsed by Taylor and transferred to the complainants for value prior to the maturity of the-notes; that James Taylor died at,Trenton on August 17th, 1887, before any of the notes became due; that when the notes became due they were protested for non-payment, and notice of the protest of each was sent to “James Taylor” at his late residence, although he…
1Opinion of the Court
The Chancellor.
The object of the complainants’ bill is to secure payment of their claim by charging it, as far as may be, upon the assets of the estate of James Taylor which remain in the hands of the executors or are within their reach.
The executors have obtained a decree from the orphans court which bars the demands of creditors against them, and are protected by that decree from the complainants’ recovery in this *616action, except as to legacies in their hands which have not been paid over. Rev. p'p. 76Jh 765 §§ 6%, 66. Their failure to filer refunding bonds is presumptive evidence that the…
2Cases cited2 opinions
- Kennedy v. CreswellSupreme Court of the United States · 1880
- Hunter v. GreenSupreme Court of Alabama · 1853
3Cited by2 opinions
- Higgins v. MispethNew Jersey Court of Chancery · 1935
- Trafton v. BainbridgeNew Jersey Court of Chancery · 1939