Hart v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William D. Hart, as administrator of the estate of James M. Hart, deceased, from an order of the Supreme-Court, made at the Oneida Special Term and entered in the office-of the clerk of the county of Oswego on the 6th day of June,. 1899, awarding costs and disbursements of the action to the plaintiff, and directing that the same be paid from the funds of the* decedent’s estate in the hands of the defendant.
1Opinion of the Court
Adams, J.:
There is little or no dispute about the facts of this case. The-defendant, as administrator of the estate of James M. Hart, deceased,. *281published the usual notice for claims. Thereafter, and in due course of time, the plaintiff presented her claim, which was rejected by the administrator, who, at the same time, offered to refer. This offer was accepted by the plaintiff, and some correspondence followed with reference to -the: selection of a referee, but none was-agreed upon, and upon the 24th day of November, 1807, this action was commenced.
Section 1822 of the Code of Civil Procedure…
2Cases cited4 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Stokes v. . MacKayNew York Court of Appeals · 1895
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Ballantyne v. SteenwerthAppellate Division of the Supreme Court of the State of New York · 1903
- Hoye v. FlynnNew York Supreme Court · 1900
- Apollonio v. LangleyAppellate Division of the Supreme Court of the State of New York · 1904
- Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1900
- Holcombe v. NettletonNew York Supreme Court · 1903