Ruthven v. Patten
The Superior Court of New York City
Appeal by the defendants Joseph H. Batten, James W. Wilson, and Samuel W. Bridgham, from a judgment entered in favor of James A. Euthven and John B. Jervis, who were the plaintiffs, suing as executors, &c., of James Euthven, deceased.
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Appeal by the defendants Joseph H. Batten, James W. Wilson, and Samuel W. Bridgham, from a judgment entered in favor of James A. Euthven and John B. Jervis, who were the plaintiffs, suing as executors, &c., of James Euthven, deceased. The claim out of which the judgment appealed from in this case arose, was originally against John G. Bailey, deceased, of whom the defendant Patten was administrator, in favor of the testator of the plaintiff (James Euthven) for two quarters’ rent, ending respectively in May and August, 1847. Bailey died in Brooklyn, in April, 1847, and Patten was appointed his…
1Opinion of the Court
By the Court.*—Robertson, J.
Beyond the personal responsibility of an administrator, the creditors of an intestate who has no real estate have no other security for the faithful distribution of the assets of the deceased among them, than his bond, given on issuing letters of administration, in double the value of the estate. In case of the insolvency of the intestate, if one creditor could, get judgment on such bond for his own benefit alone, the whole security might be exhausted by a few, to the exclusion of the rest.
An administrator has a right, in an action at law against him, to show that…
2Cases cited9 opinions
- United States v. MorganSupreme Court of the United States · 1851
- Johnson v. CorbettNew York Court of Chancery · 1844
- Magee v. VedderNew York Supreme Court · 1849
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Westervelt v. GreggNew York Court of Chancery · 1846
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