Dryer v. Brown
New York Supreme Court
Appeal from special term, Herkimer county. Action by Emma E. Dryer against Eton G. Brown, as surviving executor of Harvey Barnard, deceased. For the facts, see 5 H. Y. Supp. 486. The matter is a special proceeding to determine the validity of certain claims against the estate of the deceased, consisting of four promissory notes.
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Appeal from special term, Herkimer county. Action by Emma E. Dryer against Eton G. Brown, as surviving executor of Harvey Barnard, deceased. For the facts, see 5 H. Y. Supp. 486. The matter is a special proceeding to determine the validity of certain claims against the estate of the deceased, consisting of four promissory notes. The parties entered into the following stipulation, (page 487:) “It is hereby stipulated by and between the parties and their attorneys in the above-entitled matter that the claimant shall serve a complaint setting forth her claim, and the defendant herein shall serve…
1Opinion of the CourtHardin, P. J.
At our April term, in 1889, we reversed the judgment and orders, (5 N. Y. Supp. 486,) and in the language of the order of reversal are the following words: “A new trial is hereby ordered before another referee, and the present reference to Hon. Theodore W. Dwight, referee, is vacated, with costs to abide the event of the above-entitled matter.” That order seems to have been filed,in the clerk’s office of Oneida county on the 31st day of May, 1889. Thereafter the defendant gave notice of a motion for leave to amend his answer, so as to set up, “or be allowed in proper form to plead the statute…
2Cases cited5 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Roe v. . BoyleNew York Court of Appeals · 1880
- Bucklin v. ChapinNew York Supreme Court · 1868
- Dryer v. BrownNew York Supreme Court · 1889
- Hopkins v. . LottNew York Court of Appeals · 1888
3Cited by2 opinions
- Rutherford v. SoopNew York Supreme Court · 1895
- Lowery v. City of UticaNew York Supreme Court · 1890