Baggott v. Boulger
The Superior Court of New York City
This was an action upon a bond given by Ann 0. Baggott with the defendant Goulding and J. Boulger deceased as her sureties for the faithful administration by her of the personal estate of an intestate Joseph Baggott deceased. It was tried before the chief justice and a jury on the 13th of February, 1852. The following are the material facts of the case as proved upon the trial.
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This was an action upon a bond given by Ann 0. Baggott with the defendant Goulding and J. Boulger deceased as her sureties for the faithful administration by her of the personal estate of an intestate Joseph Baggott deceased. It was tried before the chief justice and a jury on the 13th of February, 1852. The following are the material facts of the case as proved upon the trial. On the 9th of July, 1838, Joseph Baggott departed this life, leaving Ann 0. Baggott, his widow, and the plaintiff and eight other children him surviving. He left a large amount of personal property. On the 25th of…
1Opinion of the CourtBy the Court. Bosworth, J.
It is objected that the plain*169tiff has improperly joined in the action the surviving obligors and the personal representatives of their deceased co-obligor.
The facts on which the objection is based, appear upon the face of the complaint. If the objection supposed to exist is, that several causes of action are improperly united, the only mode by which advantage could be taken of it, was by demurrer. (Code, §§ 144, 147, and 148.) It was not so taken in this action.
The only effect of omitting to present to an executor or administrator, a claim against his testator or intestate, within the six…
2Cases cited1 opinion
- Chace v. HinmanNew York Supreme Court · 1832
3Cited by33 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- Irwin v. BackusCalifornia Supreme Court · 1864
- Douglass v. . FerrisNew York Court of Appeals · 1893
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