Bruen v. . Gillet
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiff, as a creditor of one Henry W. Beadle, in his own behalf and that of other creditors against defendants, as assignees for the benefit of creditors of said Beadle, for an accounting, a determination of the amount-of the assigned estate in their hands, or for which they were chargeable, and a judgment directing the distribution of…
1Opinion of the CourtPeckham, J.
We have lately held that one executor (and I think the rule is the same with other trustees), is responsible for his own acts and not for those of his associate; and if the latter collect and misapply the money, the executor who has not received it is not liable for the waste. If. he is merely passive and simply does not obstruct the collection by his associate, he is not liable for the latter’s waste, if guilty of no negligence himself. But where one executor or trustee receives the funds of the estate and either delivers them over to his associate or does any act by which the funds come…
2Cases cited5 opinions
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- People Ex Rel. Nash v. . FaulknerNew York Court of Appeals · 1887
- Monell v. MonellNew York Court of Chancery · 1821
- Paulding v. . SharkeyNew York Court of Appeals · 1882
3Cited by28 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Purdy v. . LynchNew York Court of Appeals · 1895
- In Re the Accounting of MatesNew York Court of Appeals · 1948
- Bankers Trust Company v. United StatesDistrict Court, S.D. New York · 1970
- In re the Judicial Settlement of the Final Account of Proceedings of Westchester Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
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