Supplee v. Sayre
New York Supreme Court
Appeal from special term, Monroe county. Action by Daniel Supplee against Joab Sayre, administrator of the estate of William H. Sayre, deceased, to recover the amount of a judgment rendered against the plaintiff as surety on the bond of said intestate, who was in his life-time administrator of Henry Sayre, deceased.
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Appeal from special term, Monroe county. Action by Daniel Supplee against Joab Sayre, administrator of the estate of William H. Sayre, deceased, to recover the amount of a judgment rendered against the plaintiff as surety on the bond of said intestate, who was in his life-time administrator of Henry Sayre, deceased. The action was brought against Supplee after the administrator had published notice to creditors, as required by statute, and the claim was never presented to defendant until the time specified in the notice had expired. It was afterwards presented, and defendant refused to refer…
1Opinion of the CourtBarker, P. J.
The order allowing the plaintiff costs should be reversed on the authority of the .reported cases, for the reason that the plaintiff did not-present his claim to the administrator within the time limited by the notice published by him in pursuance of section 34, c. 6, art. 2, Rev. St. Bradley v. Burwell, 3 Denio, 261; Horton v. Brown, 29 Hun, 654; Clarkson v. Root, 18 Abb. N. C.462; Bullock v. Bogardus, 1 Denio, 277. These cases hold that it is one of the prerequisites required by the statute that the creditor must present his claim within the time limited by law to entitle Mm to costs.…
2Cases cited1 opinion
- Bradley v. BurwellNew York Supreme Court · 1846
3Cited by2 opinions
- Niles v. CrockerNew York Supreme Court · 1895
- Lightfoot v. DavisNew York Supreme Court · 1908