Brackett v. . Griswold
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 19, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. Also, appeal from order of said General Term made May 26, 1885, reviving and continuing this action in the name of the present plaintiff as administrator of the estate of Samuel Bonnell, Jr., the original plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 19, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. Also, appeal from order of said General Term made May 26, 1885, reviving and continuing this action in the name of the present plaintiff as administrator of the estate of Samuel Bonnell, Jr., the original plaintiff. This action was brought by said Bonnell as. a judgment creditor of the Iron Mountains Company, of Lake Champlain, against the…
1Opinion of the CourtFinch, J.
This appeal is taken from an order of revivor. The plaintiff’s intestate was a creditor of a mining corporation whose officers in making their annual report were alleged to have stated falsely the amount of capital paid in. For this cause of action, conjoined with one for conspiracy, a suit was brought, pending which, and before verdict' or judgment, the plaintiff died. The question presented is whether his cause of action for the penalty of a false report died with him, or survived to his administrator. We have many times held thac the provisions under which the asserted right of action…
2Cases cited3 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Stokes v. . StickneyNew York Court of Appeals · 1884
3Cited by22 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Whitaker v. . MastertonNew York Court of Appeals · 1887
- Nichols v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1967
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
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