Flower's Executors v. Garr
New York Supreme Court
This action was commenced in 1824, in theNew-York, C. P., and after declaration was removed into this court by certiorari. The action was brought to recover moneys w'hich, as was alleged, the defendant had collected for the testator in the Havana. The declaration contained counts upon promises to the testator only.
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This action was commenced in 1824, in theNew-York, C. P., and after declaration was removed into this court by certiorari. The action was brought to recover moneys w'hich, as was alleged, the defendant had collected for the testator in the Havana. The declaration contained counts upon promises to the testator only. The cause having been referred, was heard by the referees in September and October last, and a report was made for the plaintiffs for $1,200.36. On the hearing it appeared that the money had been received by the defendant after the death of the testator, though the original…
1Opinion of the Court
By the court, Bronson, J.
This money belonged to the testator, but was received by the defendant after his death, by virtue of a previous retainer as his attorney. Whether in suing for it the plaintiffs -name themselves as executors or not, the money, when collected, will be assets in their hands for the payment of the testator’s debts. Shipman v. Thompson, Wittes' R. 103. The executors, not knowing at what precise time the money was received by the defendant, have counted upon promises to the testator. But it turns out that the money came to the defendant’s hands after the testator’s death;…
2Cases cited1 opinion
- Miller v. WatsonNew York Supreme Court · 1830
3Cited by4 opinions
- Union Bank v. MottNew York Supreme Court · 1860
- Stearns v. WrightSupreme Court of New Hampshire · 1870
- Marsh v. McNairNew York Supreme Court · 1886
- Page v. DanforthSupreme Judicial Court of Maine · 1865