Clossey v. Ayers
New York Supreme Court
Appeal from special term, Monroe county. Special proceeding by Felix D. Clossey against Marshall J. Ayers, administrator. From an order at special term allowing plaintiff to discontinue the proceeding on payment only of defendant’s taxable imbursements, together with $10 costs of opposing plaintiff’s motion for such discontinuance, defendant appeals.
1Opinion of the CourtMacomber, J.
This action began as a special proceeding instituted under the statute1 for the prosecution of claims against the estates of deceased persons. An order of reference therein was made, and the referee reported in the plaintiff’s favor in the sum of $57.42. A motion was made in behalf of the plaintiff for a confirmation of such report, and at the same time a counter-application was made by the defendant, on a case and exceptions, to set aside the same. Thereupon the court refused to confirm the report, and directed a new trial before another referee, holding, in substance, that under the facts…
2Cases cited4 opinions
- Wellington v. ClaasonNew York Supreme Court · 1859
- Van Buren v. FortNew York Supreme Court · 1830
- Agar v. TibbettsNew York Supreme Court · 1890
- Cole v. RoseNew York City Court · 1883
3Cited by2 opinions
- Layman v. New York Bank Note Co.The Superior Court of the City of New York and Buffalo · 1892
- Slaymen v. First National Bank of WelchWest Virginia Supreme Court · 1927