Ferrin v. . Myrick
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth district, reversing a judgment at Special Term (Mulle, J.), sustaining a demurrer "to the complaint. This action is brought to recover the price of gravestones agreed to be furnished by plaintiff at the request, in his official capacity, of the predecessor of defendant. The defendant demurred to plaintiff’s complaint. At Special Term the demurrer was sustained.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth district, reversing a judgment at Special Term (Mulle, J.), sustaining a demurrer "to the complaint. This action is brought to recover the price of gravestones agreed to be furnished by plaintiff at the request, in his official capacity, of the predecessor of defendant. The defendant demurred to plaintiff’s complaint. At Special Term the demurrer was sustained. The plaintiff appealed from the order of the Special Term to the General Term, where the order was reversed and judgment thereon entered for plaintiff. The…
1Opinion of the Court
Hunt, Ch. J.
It is provided by the statute of this State, that all lawful acts done by administrators who may be removed or superseded, shall remain valid, and shall not be impeached by any subsequent revocation of the authority of such administrator. (2 R. S., 79 m., § 47.) The plaintiff’s claim stands, therefore, as if Jacob Hartman had continued to be administrator of Sanford Hartman, and the action had been brought against him as administrator.
The contract for the gravestones was proved to have been made. They were of a character suitable to the rank and station in life of the deceased,…
2Cases cited2 opinions
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Demott v. FieldNew York Supreme Court · 1827
3Cited by117 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Vass v. Conron Bros. Co.Court of Appeals for the Second Circuit · 1932
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Jessup v. . SmithNew York Court of Appeals · 1918
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