Legal Opinion

Rogers v. Rogers

New York Court of Chancery

Decided July 9, 1831PublishedCited by 24 opinions

This was an appeal from the decision of the vice chancellor of the first circuit, overruling the demurrer of the defendants. The complainants, as executors of Fitch Rogers deceased, instituted suits against the defendant N. Rogers, in the superior court of the city of New-Yorlt, to recover a debt due to the decedent, and recovered a judgment thereon.

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This was an appeal from the decision of the vice chancellor of the first circuit, overruling the demurrer of the defendants. The complainants, as executors of Fitch Rogers deceased, instituted suits against the defendant N. Rogers, in the superior court of the city of New-Yorlt, to recover a debt due to the decedent, and recovered a judgment thereon. After the judgment, but before the issuing of any execution thereon, N. Rogers executed an assignment of his personal estate' to his son, the other defendant in this suit, in trust for the payment of a debt to the Bank of New-York; and to pay the…

1Opinion of the Court

The Chancellor.

This bill is filed by the complainants to protect their rights as judgment creditors, upon a judgment recovered by them in this state in their representative character. That recovery is conclusive#vidence of their right to sue *380as executors so far as respects that debt; and it was not necessary for them in the present suit to show how they became entitled to sue as the representatives of the testator, to whom the demand was originally due.

Neither was it necessary to .make the Bank of New-York, or any other of the creditors for whose benefit the assignment was made, parties…

2Cited by24 opinions

  1. Kerrison v. StewartSupreme Court of the United States · 1876
  2. City of Austin v. CahillTexas Supreme Court · 1905
  3. Atlantic Trust Co. v. DanaCourt of Appeals for the Eighth Circuit · 1903
  4. Carpenter v. . OsbornNew York Court of Appeals · 1886
  5. Vetterlein v. BarnesSupreme Court of the United States · 1888

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