Browning v. Vanderhoven
New York Supreme Court
Action against sureties on administrator’s bond. Trial by the court. Owen F. Browning brought this action against Fernando De 0. Vanderhoven and George P. Cummings, sureties on administrator’s bond, to recover an extra allowance of $70 granted by the surrogate of New York county.
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Action against sureties on administrator’s bond. Trial by the court. Owen F. Browning brought this action against Fernando De 0. Vanderhoven and George P. Cummings, sureties on administrator’s bond, to recover an extra allowance of $70 granted by the surrogate of New York county. On May 25, 1875, the defendants executed the bond set forth in the complaint, conditioned for the faithful execution of the trusts reposed in the administrators of William R. Hazlett, deceased, and their obedience to all orders of the surrogate touching such administration. ' On May 29, 1875, letters of…
1Opinion of the CourtBarrett, J.
It was the creditor’s demand, and not the estate itself, which was the subject-matter involved in the proceeding before the surrogate. The accounting was but an incident. It is not analogous to a partition suit, as claimed by the plaintiff, nor to an action to restrain the erection of a structure (68 N. Y. 71), as the defendants insist: but rather to a creditor’s bill.
In such a case the creditor would only be entitled to an allowance upon his judgment, not upon the value of the property sought to be reached.
This is well settled. In Struthers v. Pearce (51 N. Y. 365), the plaintiff claimed as…
2Cases cited2 opinions
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Struthers v. . PearceNew York Court of Appeals · 1873
3Cited by4 opinions
- Johnson v. AyresAppellate Division of the Supreme Court of the State of New York · 1897
- Keegan v. SmithCity of New York Municipal Court · 1896
- In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911
- McMahon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897