Stewart v. Franchetti
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William D. Stewart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of December, 1914, dismissing the third amended complaint upon the decision of the court sustaining a demurrer thereto, and also from the order made at the New York Special Term and entered in said clerk’s office on the 10th day of December, 1914, which sustained the demurrer to the third…
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Appeal by the plaintiff, William D. Stewart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of December, 1914, dismissing the third amended complaint upon the decision of the court sustaining a demurrer thereto, and also from the order made at the New York Special Term and entered in said clerk’s office on the 10th day of December, 1914, which sustained the demurrer to the third amended complaint, and pursuant to which the judgment was entered.
1Opinion of the Court
McLaughlin, J.:
The defendant demurred to the third amended complaint and then moved, under section 547 of the Code of Civil Procedure, for judgment on the pleadings. The demurrer was sustained and the motion granted. Plaintiff appeals.
The action is for money had and received. The facts alleged in the complaint are substantially as follows: That on or about October 5, 1909, the will of Julia Hallgarten and a codicil thereto were admitted to probate by the Surrogate’s Court of the county of New York and letters testamentary issued to the executors therein named; that by the terms of the will…
2Cases cited11 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- In Re Proving the Will of CunninghamNew York Court of Appeals · 1912
- Potter v. ChapinNew York Court of Chancery · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re St. John's Church of Mt. MorrisAppellate Division of the Supreme Court of the State of New York · 1933
- Smithers v. St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Montgomery v. CarltonSupreme Court of Florida · 1930
- Lucker v. Bayside CemeteryAppellate Division of the Supreme Court of the State of New York · 2013
- In re Syracuse UniversityNew York Supreme Court · 1955
14 more not listed; retrieve them via the Exa API.