Legal Opinion

Cady v. Brennan

New York Supreme Court

Decided December 4, 1894PublishedCited by 2 opinions

Appeal from judgment on report of referee. Action originally brought by Julia A. Block against Fanny Brennan and John H. Bixby, as executors of the will of George B. Bixby, deceased. Mrs. Block died after judgment was rendered in her favor, and Hiram B. Cady, her administrator, was substituted as plaintiff in her stead. From the judgment in favor of plaintiff, defendants appeal.

1Opinion of the CourtHebbiok, J.

This is an action by the plaintiff against the defendants, as executors of the estate of George B. Bixby, deceased, for the board, care, and attendance by the plaintiff of a sister of George B. Bixby, for which the plaintiff alleges the defendants’ testator, George B. Bixby, agreed to pay. The case was tried before a referee, who rendered judgment in favor of the plaintiff, and .against the defendants, from which judgment the defendants appeal to this court.

Upon the trial it appeared that the sister of said Bixby, named Electa, for whose care and attendance this action was brought, had lived…

2Cases cited4 opinions

  1. Platner v. . PlatnerNew York Court of Appeals · 1879
  2. Rouse v. . WhitedNew York Court of Appeals · 1862
  3. McLaughlin v. . WebsterNew York Court of Appeals · 1894
  4. People of the State of New York v. . BeachNew York Court of Appeals · 1882

3Cited by2 opinions

  1. In re the Application for the Sale of the Real Property of FitzpatrickNew York Surrogate's Court · 1924
  2. Scully v. ScullyAppellate Division of the Supreme Court of the State of New York · 1912

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