92 N.J.L. 412 | N.J. | 1918
The opinion of the court was delivered by
In a suit against the administratrix-respondent founded on a damage claim against her intestate, the trial court directed a verdict for the defendant upon the ground that such claim had not been presented in writing under oath, pursuant to an order limiting creditors (Orphans’ Court act, section 67), and was barred bjr a later order entered as provided by section 70. Of the efficacy of the bar, if the claim was within the purview of the statute, there can be no doubt. Ray Estate Corporation v. Steelman, 90 N. J. L. 184.
The plaintiff appeals on the ground, principally, that the suit is based on an unliquidated demand in tort and that this is not within' the class of claims contemplated by the act.
The strength of the argument lies in the use by the legislature of the word “creditors.” The point is made, and reasonably, that a creditor implies a debt, or something in the nature of a debt, and that one entitled to sue a damage claim arising out of a tort is not a creditor. Such was the claim
In view of this language and of the settled intent and purpose of the statute, we conclude that the word “creditor” is not used in the.restricted sense of one to whom a debt is due, but includes a party entitled to prosecute a suit upon a tort
This substantially disposes of the argument of appellant; there are some subsidiary points which need not be particularly noticed. On the appeal of the trust company the judgment will be affirmed.
There is also a cross-appeal by Mrs. Yan Den Berg as administratrix. The gravamen of this is that the decision of the Supreme Court in this action, reported in 88 N. J. .L. 518, was erroneous in holding that’ the statutory action for injury causing death' survived as against the personal representatives of a deceased tort-feasor. As to this we express no opinion. Judgment final having passed in favor of the defendantadministratrix, she is not aggrieved by the interlocutory ruling against her' of the Supreme Court, even i'f it be assumed to be erroneous. The cross-appeal will therefore be dismissed.
For reversal — Hone.