In re Galloway
New York Supreme Court
In this case certain property was seized under an attachment issued against- the property of John Galloway the younger, as a non-resident debtor ; a certiorari was sued out to the officer who issued the process, and on the coming in of the return to the same the following facts appeared : On 1st February, 1824, an indenture of lease was executed by E. M. Johnson and Maria his wife to Jchn Galloway, then of Brooklyn, demising certain premises for the term of twenty-one-years,…
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In this case certain property was seized under an attachment issued against- the property of John Galloway the younger, as a non-resident debtor ; a certiorari was sued out to the officer who issued the process, and on the coming in of the return to the same the following facts appeared : On 1st February, 1824, an indenture of lease was executed by E. M. Johnson and Maria his wife to Jchn Galloway, then of Brooklyn, demising certain premises for the term of twenty-one-years, subject to an annual rent of $50; and the tenant covenanted that he, his executors, administrators or assigns would, at…
1Opinion of the Court
By the Court,
Cowen, J.
The only objection to the proceedings insisted on was, that this being a debt against John Galloway the younger in his representative character, he could not be proceeded against as an absent debtor.
The ground taken for the debtor is in general true, and indeed always so where the debt is due by the administrator or executor, solely in his representative character. Matter of Hurd & Selden, 9 Wendell, 465. But it is also perfectly well settled' that where rent or money for breach of covenant falls due after the death of the testator or intestate, and the executor or…
2Cases cited1 opinion
- In re HurdNew York Supreme Court · 1833
3Cited by7 opinions
- Smyth v. KaufmanCourt of Appeals for the Second Circuit · 1940
- Jermain v. PattisonNew York Supreme Court · 1865
- Miller v. . KnoxNew York Court of Appeals · 1872
- Traylor v. CabanneMissouri Court of Appeals · 1879
- Michenfelder v. GuntherCity of New York Municipal Court · 1884
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