Townsend v. . Whitney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third "judicial department, reversing an order made by the surrogate of Ulster county denying an application on the part of plaintiff for an attachment against defendant for failure to pay over moneys as required by a decree of said surrogate. (Reported below, 15 Hun, 93.) The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third "judicial department, reversing an order made by the surrogate of Ulster county denying an application on the part of plaintiff for an attachment against defendant for failure to pay over moneys as required by a decree of said surrogate. (Reported below, 15 Hun, 93.) The facts appear sufficiently in the opinion. The plaintiff having elected to follow the remedy on contract waived the tort and cannot maintain this action. (Brown v. Littlefield, 1 Wend., 398; 11 id., 467; Morris v. Rexford, 18 N. Y., 552; Kinney v.…
1Opinion of the CourtEarl, J.
The defendant and Solomon A. Ferris were appointed by the surrogate of Ulster county administrators of the éstate of John J. Ferris, deceased; and upon such . appointment, they gave the bond required by law, signed by them and by William II. Townsend and another who is • now dead, as sureties. Subsequently the administrators accounted before the surrogate, and he made a decree by which he- ordered them to pay certain sums to Mrs. Love, Mrs. Ferris, and Mrs. Elting respectively as their distributive shares of the estate. These sums not having been paid, subsequently a certificate of the decree…
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- Lewis v. . PalmerNew York Court of Appeals · 1863
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- Speiglemyer v. CrawfordNew York Court of Chancery · 1837
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