In the Matter of the Claim of Flandrow
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first judicial department, made November 24, 18§2, which affirmed an order of the surrogate of the county of New York, denying an application of William H. Flandrow, claiming to be a creditor of Tunis Van Brunt, deceased, requiring the payment of his claim by Edward Schell, special administrator, out of the assets of the estate.
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Appeal from an order of the General Term of the Supreme Court, in the first judicial department, made November 24, 18§2, which affirmed an order of the surrogate of the county of New York, denying an application of William H. Flandrow, claiming to be a creditor of Tunis Van Brunt, deceased, requiring the payment of his claim by Edward Schell, special administrator, out of the assets of the estate. (Beported below, 28 Hun, 279.) ■ In March, 1867, during the life-time of said Van Brunt, the Marine Bank of Chicago obtained a judgment against him for $6,858.12. Van Brant died in 1867, leaving an…
1Opinion of the CourtMiller, J.
Upon the former application to the surrogate . in this matter it was held, upon appeal to this court, * that an attorney for the successful party in an action, by whom a judgment was procured, is not an “ individual holding such property ” within the meaning of the provision of the Code of Procedure (§ 235), authorizing the execution of an attachment by service of a copy. On this appeal it appears that upon the application to the surrogate an affidavit was presented showing that the warrant of attachment was served upon Mary T. Yan Brunt as executrix of the last will and testament of Tunis…
2Cases cited1 opinion
- In Re the Claim of FlandrowNew York Court of Appeals · 1881
3Cited by3 opinions
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Chicago Title & Trust Co. v. WheelerAppellate Court of Illinois · 1905
- Flandrow v. HammondNew York Supreme Court · 1893