Cunningham v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of July, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment vacated the satisfaction of three other judgments and reinstated them.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of July, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment vacated the satisfaction of three other judgments and reinstated them. This action was brought to vacate certain satisfactions of judgment entered in favor of William J. Parks, as administrator do bonis non of Erwin L. Coolidge, deceased, against the city of New York, upon the ground that the satisfaction…
1Opinion of the Court
Scott, J.:
It is quite clear that the administrator de bonis non of the goods, chattels and effects of Erwin L. Coolidge, deceased, had no authority to collect and receive the amounts of the judgments against the defendant, until thereto authorized by the surrogate. (Code Civ. Proc. § 2664.) What he could not do himself his attorney could not do as his agent. The payment to the attorney Waring was, therefore, unauthorized and his attempted satisfaction of the judgments ineffective. These facts justify the judgment appealed from whereby the parties Will he restored to the position they held…
2Cited by3 opinions
- H. C. Roberts Electric Supply Co. v. WilsonNew York Supreme Court · 1927
- In re AtterburyAppellate Division of the Supreme Court of the State of New York · 1917
- In re CunninghamAppellate Division of the Supreme Court of the State of New York · 1916