O'Brien v. . Jackson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 20, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 20, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff is not entitled to recover from the defendants as executors and trustees in an action at law, where he has neither alleged i proved that the defendants individually were insolvent, 0 that having no funds of the estate in their hands, they agreed with him that…
1Opinion of the CourtCullen, J.
This action was brought against the defendants, as executors of and trustees under the will of Peter A. H. Jackson, deceased, to recover a balance due on a contract for repairs made ^o some buildings of the testator which were devised to the defendants on certain trusts. The complaint alleged that the defendants were the executors of and trustees under said will and were authorized to make the agreement sued on. This allegation as to authority was put in issue by the answer. On the trial of the case the defendants moved to dismiss the complaint on the ground that it stated no cause of action…
2Cases cited7 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
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- Willis v. . SharpNew York Court of Appeals · 1889
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Parker v. . DayNew York Court of Appeals · 1898
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- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Jessup v. . SmithNew York Court of Appeals · 1918
- Dodd v. . AndersonNew York Court of Appeals · 1910
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