Dudley v. Griswold
New York Surrogate's Court
The application should be granted. I. The judgment of Dudley is' against, and payable out of the estate of Nathaniel L. Griswold, deceased. It is a debt due from the estate. The judgment which they seek to set off, has been purchased by the executors since the death of the testator. II. An executor cannot, either at law or equity, set off a demand purchased by him after the death of the testator against a debt due by the estate.
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The application should be granted. I. The judgment of Dudley is' against, and payable out of the estate of Nathaniel L. Griswold, deceased. It is a debt due from the estate. The judgment which they seek to set off, has been purchased by the executors since the death of the testator. II. An executor cannot, either at law or equity, set off a demand purchased by him after the death of the testator against a debt due by the estate. (Mead v. Merritt, 2 Paige, 402; Hills v. Tallman’s ad'm., 21 Wend. 674; Dale v. Cook, 4 J. C. R, 13.) “ It would be inconsistent with the principles of sound policy…
1Opinion of the Court
The Surrogate.
Julius Dudley recovered a judgment for $150 in the Supreme Court, in June, 1851, against Nathaniel L. Griswold, as executor of the deceased. The judgment was for costs accrued in the defence of a proceeding instituted by the executor, for the removal of Dudley from premises leased to him by the executor.
Upon an application for leave to issue execution upon this judgment, the executor claims an equitable offset, on the ground that he is the owner of a judgment in the Supreme Court against Dudley, recovered by Conklin Brush, May 17, 1848, and assigned to Griswold as executor,…
2Cases cited4 opinions
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Fry v. EvansNew York Supreme Court · 1832
- Bank of Utica v. BenderNew York Supreme Court · 1839
- Irving v. De KayNew York Court of Chancery · 1843
3Cited by3 opinions
- Weeks v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1898
- Fusting v. SullivanCourt of Appeals of Maryland · 1879
- Quin v. HillNew York Surrogate's Court · 1886