Whitley v. Speed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert L. Speed, from an order of the Supreme Court, made at the Tompkins Special Term and entered in the office of the clerk of the county of Tompkins on the 26th day of October, 1915, denying his motion to vacate or modify an order for his examination before trial.
1Opinion of the Court
Woodward, J.:
The plaintiff is the administrator of the estate of Gilbert S. Higgins, deceased, and brings this action to compel the defendant to account for his dealings with the property of the decedent during the time that the defendant was acting for the said Gilbert S. Higgins under a power of attorney. The plaintiff alleges a cause of action, necessarily upon information and belief as to many of the matters, among them that the defendant received an assignment of a certain bond and mortgage from the said Gilbert S. Higgins, during his lifetime, absolute in form but in fact coupled with a…
2Cases cited3 opinions
- Cherbuliez v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1908
- Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
- In re GardnerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- In re the Probate of the Last Will & Testament of CarterAppellate Division of the Supreme Court of the State of New York · 1920