Legal Opinion

Pierson v. Morgan

New York Supreme Court

Decided March 29, 1886Published

Appeal by the administratrix of the deceased defendant, from an order of the special term granting plaintiff leave-to sever the action and revive it against the said administratrix, and to serve a supplemental summons and complaint, and for other relief.

1Opinion of the CourtBartlett, J.

—This action was brought by the receiver of the Widows and Orphans’ Benefit Life Insurance Company, against Andrew W. Morgan and fifteen other defendants, as trustees of the corporation, to compel them to account for property and assets of the company to a large amount, alleged to have been diverted and misapplied under the circumstances set out in the complaint. After issue was-joined the defendant, Morgan, died and the appellant was appointed his administratrix. Thereupon a motion was made by the plaintiff for an order reviving the action against the administratrix, and for leave to serve a…

2Cases cited30 opinions

  1. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  2. Zabriskie v. . SmithNew York Court of Appeals · 1855
  3. Hegerich v. . KeddieNew York Court of Appeals · 1885
  4. Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
  5. Wade v. . KalbfleischNew York Court of Appeals · 1874

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