Legal Opinion

Arnold v. . Arnold

New York Court of Appeals

Decided December 15, 1882PublishedCited by 39 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the December term, 1880, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was a reference under the statute of a disputed claim against the estate of Benjamin F. Arnold, defendant’s testator. The deceased and his two sons, one of whom is the plaintiff, were, prior to his death, in partnership.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the December term, 1880, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was a reference under the statute of a disputed claim against the estate of Benjamin F. Arnold, defendant’s testator. The deceased and his two sons, one of whom is the plaintiff, were, prior to his death, in partnership. Some years before" his death the deceased invested $2,000 of the co-partnership funds in a bond of the State of Hew York. This he…

1Opinion of the CourtDanforth, J.

The proceedings in this matter were commenced before the surrogate of Dutchess county, on the 15th of September, 1879, for the purpose of ascertaining the justice of a claim made by one Alexander H. Arnold against the estate of Benjamin F. Arnold for $720.76, with interest from July 1, 1871, alleged by him to be due for one equal one-third of a $2,000 bond of the State of Hew York. Benjamin F. Arnold died in January, 1871, leaving a will which was admitted to probate on the 31st of March, 1879, and in pursuance of its provisions, Thomas J. Arnold and Thomas Arnold were appointed his…

2Cases cited1 opinion

  1. Casey v. BrushNew York Supreme Court · 1805

3Cited by39 opinions

  1. Giblin v. Anesthesiology AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
  2. Herrick v. GuildAppellate Division of the Supreme Court of the State of New York · 1939
  3. Schuler v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1978
  4. Hanna v. McLaughlinIndiana Supreme Court · 1902
  5. Cohen v. ErdleAppellate Division of the Supreme Court of the State of New York · 1953

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