Mowell v. Van Buren
New York Supreme Court
Appeal from judgment on report of referee. Claim by Mary Jane Mowell against Augustus H. Van Burén, as administrator of Nicholas E. Brodhead, deceased, for $5,000, alleged to have been loaned by claimant to decedent. There was a judgment in favor of plaintiff for the sum sued for, with interest and costs, and defendant appeals. Reversed.
1Opinion of the CourtPutnam, J.
Plaintiff, on or about December 13,1892, presented the following bill to defendant, as administrator of the estate of N. E. Brodhead, deceased:
“Kingston, N. Y., Dec. 13, 1892.
“Estate of N. E. Brodhead, Dr. to Mrs. M. J. Mowell.
“July 18, 1892. To money loaned N. E. Brodhead at different times before this date, $5,000.”
The bill so presented had the usual verification. It was rejected by the defendant, and thereupon the parties, by written stipulation, agreed upon a reference to a referee therein named. The" approval of the surrogate was obtained, and the usual order of reference of the supreme…
2Cases cited10 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Williams v. . FitchNew York Court of Appeals · 1859
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Bacon v. . FrisbieNew York Court of Appeals · 1880
- State v. MewherterSupreme Court of Iowa · 1877
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3Cited by4 opinions
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- In re the Estate of MorrellNew York Surrogate's Court · 1935
- State v. WebbSupreme Court of Louisiana · 1924