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Slocum v. Veghte

17 N.Y. St. Rep. 1013 Court N.Y. Gen. Term Decision date 1888-06-25 English

Delivered by Dykman, J.

Contents

Majority

p. 1013
WILLIAM B. SLOCUM, as administrator, etc., App’lt, v. WILLIAM C. VEGHTE, AS ADMINISTRATOR, ETC., Resp’t.

Headnote

Executors and administrators—When charged with neglect in not-COLLECTING DEBTS TO ESTATE.
Appeal from a judgment dismissing the complaint entered with the county clerk of Rockland county.
Frank Comesky for app’lt; A. & A. X. Fallon, for resp’t.

This is an action for the recovery of damages against the administrator with the will annexed of Thomas É Blanche, deceased, based upon an allegation of neglect of Mr. Blanche in his lifetime to collect a bond and mortgage which was assigned to him as collateral security.

The complaint is destitute of the essential facts requisite to make a cause of action, and it was dismissed on the trial for that reason and the plaintiff has appealed from the judgment. The judgment should he affirmed, with costs.

Pratt, J., concurs; Barnard, P. J., not sitting,