Howell v. Wallace
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Luana J. Howell, as executrix, etc., of Christeon Gr. Howell, deceased, from two judgments of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Steuben on the 16th and 17th days of June, 189S,. upon the decision of the court rendered after a trial before the court without a jury at the Steuben Trial Term dismissing the complaint.
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Appeal by the plaintiff, Luana J. Howell, as executrix, etc., of Christeon Gr. Howell, deceased, from two judgments of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Steuben on the 16th and 17th days of June, 189S,. upon the decision of the court rendered after a trial before the court without a jury at the Steuben Trial Term dismissing the complaint. Prior to January 1, 1894, Mathias Schenck and Frank L. Pease leased of Christeon Gh Howell a store in Corning, at the stipulated rental of $40 per month, and, as copartners, continued in the…
1Opinion of the Court
Spring, J.:
The plaintiff seeks to charge the defending legatees in accordance with sections 1837 et seq. of the Code of Civil Procedure. It is very obvious Christeon Howell, the plaintiff’s testator, intended to treat the defendant Pease as the exclusive debtor. He knew of the fact that Pease had purchased the interest of his former copartner ■of his executor, that by this purchase Pease assumed the paymént of the firm’s indebtedness, and after this Howell recognized and assented to this agreement by accepting rent from Pease and treating him as his tenant. Of course the agreement between the…
2Cited by3 opinions
- Corcoran & Kostelanetz v. DupuyNew York Supreme Court · 1958
- Bennett v. DixAppellate Division of the Supreme Court of the State of New York · 1914
- Bennett v. DixAppellate Division of the Supreme Court of the State of New York · 1914