Hills v. Tallman's administrator
New York Supreme Court
In October term, 1839, a judgment was recovered in the name of the plaintiff against W. M. Tallman, as administrator of D. Tallman, deceased, to the amount of $272 14 on a former judgment against his intestate. The judgment had been assigned to one Paul P. Yale. In December, 1839, the defendant, Tallman, purchased a judgmént against Yale, in favor of Bennett & Stryker to the amount of $225 69, and took an assignment to himself as administrator.
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In October term, 1839, a judgment was recovered in the name of the plaintiff against W. M. Tallman, as administrator of D. Tallman, deceased, to the amount of $272 14 on a former judgment against his intestate. The judgment had been assigned to one Paul P. Yale. In December, 1839, the defendant, Tallman, purchased a judgmént against Yale, in favor of Bennett & Stryker to the amount of $225 69, and took an assignment to himself as administrator. The purchase was made in consideration of $136 50, for which he gave his individual note ; "and a motion was now made to set off the latter judgment…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The question is, whether the judgment purchased by the administrator can be set off against'one, recovered against him, as such, on a demand due from the intestate. It appears to me the authorities as well as the policy of the law is against the application.
The English statute of 2 Geo. II., ch. 22, § 13, is substantially like our own, 2 R. S. 279, § 37, 38, 39, under which it has been determined in a suit by an executor, whether describing himself as such or not, to recover a debt, where the cause of action accrued after the death of the testator, the defendant…
2Cases cited2 opinions
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Fry v. EvansNew York Supreme Court · 1832
3Cited by5 opinions
- Union National Bank of Oshkosh v. HicksWisconsin Supreme Court · 1886
- Fusting v. SullivanCourt of Appeals of Maryland · 1879
- Mathewson v. Strafford BankSupreme Court of New Hampshire · 1863
- Mercein v. SmithNew York Supreme Court · 1842
- Robins v. NorcumMississippi Supreme Court · 1845