Legal Opinion

Tracy v. Frost

New York Supreme Court

Decided July 18, 1890PublishedCited by 2 opinions

Appeal from Queens county court. Action by James H. Tracy against Louis D. Frost as executor of John K. Mayo, deceased, on an undertaker’s bill. There was a judgment for plaintiff, amd defendant appeals.

1Opinion of the CourtDykman, J.

This action was commenced for the recovery of an undertaker’s bill for the casket, hearse, and other articles and services in relation to the preparation of the body of one John K. Mayo for burial. The plaintiff obtained a judgment before the justice without a jury, which was affirmed on appeal to the county court, and the defendant has appealed to the supreme court from the last judgment. There was evidence before the justice sufficient to justify the judgment. The defendant was the executor named in the will of the deceased man, and any contract made by him was binding upon him personally.…

2Cited by2 opinions

  1. Koons v. WilkinAppellate Division of the Supreme Court of the State of New York · 1896
  2. Clark v. ToddNew York Supreme Court · 1891

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