Reports of Cases Decided in the Court of Appeals of the State of New York Volume N . 88
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...Williams applied to Croft for $2,000. The purpose avowed was to pay a mortgage on the house and to pay bills and funeral expenses. Thereupon Croft advanced to Williams the sum required and took Williams note therefor, not signed as executor. Williams at the time made up but did not execute a paper reciting that he had paid out of his own funds this bond and mortgage and a note and debts of the estate amounting in all to $5,064.36, and containing an assignment of these claims to Croft as collateral to the $2,000 note. For this note thus given to Croft, Williams confessed judgment. Croft claimed to be allowed this $2,000 and interest thereon, but the surrogate disallowed it. The facts as to the other items about which there was question are sufliciently stated in the complaint. Calvin Frost for appellant. When an executor who receives moneys belonging to an estate pays them over to his co-executor for the purposes of the estate upon suflicient reasons, the former will not be liable. (Bacon v. Bacon, 5 Ves. Jr. 331; ll/esick v. Mesick, 7 Barb. 124; Daily/ s Aootg., 1 Tuck. 96.) The fact of Croft s signing receipts is presumptive but not conclusive evidence of his receipt of the moneys therein mentioned. (Monell v. lllonell, 5 Johns. Ch. 283; Mona/tan v. /1'/-fliions, 19 Johns. 440.) No liability can be fastened on Croft by reason of his not inquiring into, or interfering with, the manner in which Williams was disposing of the money. (Honey v. Blakeman, 4 Ves. Jr. 596; Peter v. Beverly, 10 Peters, 561; Urosae v. Smith, 7 East, 246, 255-256.) f. Newton Fiero for respondents. Every person who pays money before hand pays it at his own risk, and the advance to Williams, even if made in good faith to pay the debts, was at SICKELS--Von....
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