Field v. Van Cott
New York Court of Common Pleas
Exceptions ordered to be heard in the first instance at general term. The action was brought by Edwardi L. Field, as surviving • administrator of Julia F. Brailesford, deceased, against Joshua M. Yan Cott and Eli H. Reed, upen a joint and several bond, in the penalty of $12,000, executed by Thomas Q-. Yan Cott, principal, and Joshua M. Yan Cott and Eli H. Reed, sureties, the condition being that Thomas G. Yan Cott should faithfully execute the trust reposed in him, as…
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Exceptions ordered to be heard in the first instance at general term. The action was brought by Edwardi L. Field, as surviving • administrator of Julia F. Brailesford, deceased, against Joshua M. Yan Cott and Eli H. Reed, upen a joint and several bond, in the penalty of $12,000, executed by Thomas Q-. Yan Cott, principal, and Joshua M. Yan Cott and Eli H. Reed, sureties, the condition being that Thomas G. Yan Cott should faithfully execute the trust reposed in him, as administrator with the .will annexed of Gabriel Yan Cott, late of the city of New York, deceased, and obey all orders of the…
1Opinion of the CourtRobinson, J.
This action was brought against the defendants as sureties on an administration bond, given by Thomas G-. Yan Cott, in November, 1867, upon the granting to him, by the surrogate of the city and county of New York, of letters of administration upon the estate of Gabriel Yan Cott, deceased ; and the alleged breach of the condition was his neglect or refusal to pay, according to the subsequent decree of the surrogate (made on the 24th of February, 1871), out of the assets that had come into his hands, a debt adjudged to be due-the plaintiff", payable from the estate of the intestate, sufficient…
2Cases cited7 opinions
- Supervisors of Rensselaer County v. BatesNew York Court of Appeals · 1858
- Cadwell v. ColgateNew York Supreme Court · 1849
- Carman v. . PlassNew York Court of Appeals · 1861
- Fay v. AmesNew York Supreme Court · 1863
- Brainard v. JonesNew York Supreme Court · 1855
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3Cited by2 opinions
- Harrington v. LibbyNew York Court of Common Pleas · 1875
- Toucey v. SchellNew York Supreme Court · 1895