Muller v. National Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, second district, rendered April 27, 1915, after a trial without a jury, in favor of plaintiff, for $422.24. The action was brought to recover upon an administrator’s bond.
1Opinion of the CourtBenedict, J.
The question presented in this ease seems to be novel. Plaintiff sues as a distributee under a decree of the Surrogate’s Court, New York county, upon the bond of the administrator. It appears from the record of the proceedings in the Surrogate’s Court that plaintiff’s right to the sums directed to be paid to her was acquired by assignment from the administrator of his individual interest in the estate; that the application for the bond was made on February 21, 1913, and the bond executed the same day; that letters of administration were issued February 24,1913, and that the assignment was…
2Cases cited2 opinions
- Steinert v. Van AkenAppellate Division of the Supreme Court of the State of New York · 1914
- Edwards v. WhiteSupreme Court of Connecticut · 1837
3Cited by3 opinions
- In re the Estate of GordonNew York Surrogate's Court · 1938
- In re the Estate of ShanaburghNew York Surrogate's Court · 1935
- Muller v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1916