Levin v. . Russell
New York Court of Appeals
Appeal from a judgment entered upon the decision of the Supreme Court at General Term in the first district, affirming a judgment entered upon the report of a referee. Louis Pfeiffer, the intestate, made and delivered to the plaintiff, his two promissory notes dated the same day, payable on demand to the order of the plaintiff, for the sum of $2,401,74, and $1,063.46, respectively. A few days afterward.
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Appeal from a judgment entered upon the decision of the Supreme Court at General Term in the first district, affirming a judgment entered upon the report of a referee. Louis Pfeiffer, the intestate, made and delivered to the plaintiff, his two promissory notes dated the same day, payable on demand to the order of the plaintiff, for the sum of $2,401,74, and $1,063.46, respectively. A few days afterward. Pfeiffer gave to the plaintiff a chattel mortgage upon a large number of oil paintings with their frames, -&c., which mortgage was by its terms given to secure, and conditioned for the payment…
1Opinion of the CourtGrover, J.
The counsel for the appellant insists that the defendant having taken the property as public administrator of the city of Eew York in good faith, believing that it was the property of the intestate at the time of his death, no action will lie personally against him therefor, although the property was the plaintiff’s, and not that of the intestate. In this the counsel is mistaken. Section 3 of the act (2d Statutes at large, 123) prescribing the powers and duties of the public administrator, in this respect only authorizes him to take the goods of the intestate. Section 42, page 131, making the…
2Cited by33 opinions
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- Sanford v. . EllithorpNew York Court of Appeals · 1884
- Daly v. . ByrneNew York Court of Appeals · 1879
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