Smith v. Second National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 5,1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jnl7- The nature of the action and the facts, so far as material, are stated in the opinion. The administrator had full power to obtain the loan from the bank as he did, and to make the note and pledge of the bond therefor. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 5,1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jnl7- The nature of the action and the facts, so far as material, are stated in the opinion. The administrator had full power to obtain the loan from the bank as he did, and to make the note and pledge of the bond therefor. (Code Civ. Pro. §§ 2700-2702; Redf. on Surr. [4th ed.] 306; Hopper v. Hopper, 53 Hun, 394.) The defendant was not charged with the duty of…
1Opinion of the CourtWerner, J.
The question in this case is whether an ancillary administrator has the same general powers as a domestic or principal admininstrator. It arises out of the following facts: Caroline Gr. Smith died intestate on the island of Cuba, and letters of administration upon her estate were there duly issued to Carlos F. P. Smith. The intestate left personal assets within this state, and Sidney T. Smith was duly appointed ancillary administrator by the Surrogate’s Court of New York county. Among such assets there was a New York seven per cent bond of the par value of five thousand dollars, which the…
2Cases cited1 opinion
- Hopper v. . HopperNew York Court of Appeals · 1891
3Cited by9 opinions
- Wedemann v. United States Trust Co.New York Court of Appeals · 1932
- Lockwood v. United States Steel Corp.New York Court of Appeals · 1913
- Morrison v. Berkshire Loan & Trust Co.Massachusetts Supreme Judicial Court · 1918
- Gibb v. ChisholmNew York Supreme Court · 1953
- In re the Estate of TrippNew York Surrogate's Court · 1961
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