Niemoller v. Duncombe
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Eunice NiemoIIer against Naomi Buncombe. From a judgment dismissing the complaint, and from an order setting aside a verdict in favor of plaintiff, she appeals.
1Opinion of the CourtHirschberg, J.
The complaint alleges that the plaintiff and defendant are sisters; that the defendants husband died on the 3d day of October, 1893, at the city of Mt. Vernon, N. Y., leaving to his widow, the defendant, all his property and estate, amounting to not less than $400,000; that shortly thereafter the defendant requested the plaintiff to continue to live and reside with the defendant pending certain litigation with regard to the alleged will and property and estate of defendant’s husband; that defendant promised and agreed to pay plaintiff for remaining with her and superintending her household…
2Cases cited1 opinion
- Earl v. . PeckNew York Court of Appeals · 1876
3Cited by4 opinions
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- Gartner v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1922
- Skelley v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1937
- Niemoller v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1901