City of New York Municipal Court, 1887

Joyce v. McGuire

Joyce v. McGuire
City of New York Municipal Court · Decided June 15, 1887 · McAdam
2 N.Y. City Ct. Rep. 422
Joyce v. McGuire

Opinion of the Court

McAdam, Ch. J.

The rule is elementary that where the debtor pays the widow of an intestate the amount of a debt due the deceased, and she afterwards administers, the letters relate back and legalize the payment (2 Hill, 225; 8 Johns. 126; 1 Williams on Ex’rs, 240, 396-7; Farrell’s Est., 1 Tucker, 110; and see cases cited in appellant’s brief in 49 N. Y. 229).

Judgment for defendant, with costs.

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