Taylor v. Bullen
New York Supreme Court
On error from the C. P. of Madison county. In that court, Bullen declared against Oiis, impleaded with Taylor 1 that on the 4£A of December, 1817, Stroud made his note t°r $67,50, at two years, payable to Taylor or bearer; that on the 6th of May, 1819, the defendants below, for a valuable consideration, assigned the note to the plaintiff be-^ow 5 an Plea. 1st. the general issue; 2nd. to the 1st count, that Stroud died seised and possessed of a large real and per- * 0 r sonal…
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On error from the C. P. of Madison county. In that court, Bullen declared against Oiis, impleaded with Taylor 1 that on the 4£A of December, 1817, Stroud made his note t°r $67,50, at two years, payable to Taylor or bearer; that on the 6th of May, 1819, the defendants below, for a valuable consideration, assigned the note to the plaintiff be-^ow 5 an Plea. 1st. the general issue; 2nd. to the 1st count, that Stroud died seised and possessed of a large real and per- * 0 r sonal estate, more than sufficient to pay the note, subject to, and chargeable with his debts; 3. to the 1st count, the 9ame…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The question is, whether the plaintiff below was not bound to prosecute those who were in possession of Stroud’s property ; and endeavor to collect the money by suit at law-
It is admitted, that the plaintiff below was bound to sue Stroud, or shew a legal excuse for omitting to do so. And it is contended that the death of Stroud intestate, and no administration granted, constitute a legal excuse.
The pleas state that Stroud left property enough, subject to the payment of his debts, and that the plaintiff below never took any legal measures to collect the money.
The…
2Cases cited1 opinion
- Moakley v. RiggsNew York Supreme Court · 1821
3Cited by10 opinions
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Allen v. RundleSupreme Court of Connecticut · 1882
- Hart v. HudsonThe Superior Court of New York City · 1857
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Bosman v. AkeleyMichigan Supreme Court · 1878
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