Bradley v. Burwell
New York Supreme Court
Costs against executors. In January, 1832, the plaintiff and the testator became sureties in a bond that one Smith should faithfully perform his trust as a general guardian for one Fuller, an infant. In August, 1834, the testator died, and the defendants soon afterwards obtained letters testamentary, and gave the notice provided for by the statute requiring all persons having claims to present the same within six months.
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Costs against executors. In January, 1832, the plaintiff and the testator became sureties in a bond that one Smith should faithfully perform his trust as a general guardian for one Fuller, an infant. In August, 1834, the testator died, and the defendants soon afterwards obtained letters testamentary, and gave the notice provided for by the statute requiring all persons having claims to present the same within six months. The six months expired in 1835. In February, 1843, it was ascertained and determined that the guardian was in default; and a suit on the bond was soon afterwards commenced by…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It has been said, though it was not then necessary to decide the question, that the creditor can never recover costs where the claim was not presented to the executor within the running of the six months’ notice. (Bullock v. Bogardus, 1 Denio, 276.) In this case the claim was not presented within the six months, nor until more than seven years had elapsed, for the obvious reason that until the plaintiff paid the money in 1843 he had no claim to present. He was only a co-surety with the testator in a bond upon which a right of action might never arise against any…
2Cases cited1 opinion
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Lemen v. WoodNew York Supreme Court · 1858
- Supplee v. SayreNew York Supreme Court · 1889
- W. E. Smith Lumber Co. v. Estate of FitzhughWisconsin Supreme Court · 1918
- Richards v. StillmanAppellate Division of the Supreme Court of the State of New York · 1901
- Snyder v. YoungNew York Supreme Court · 1850