Bowe v. McNab
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by John Bowe, as treasurer of the county of Albany, against Peter D. McNab and Alexander Cameron, as executors of John Gumming, deceased. From a judgment entered on the decision of the trial judge in favor of defendants (40 N. Y. Supp. 1112), plaintiff appeals.
1Opinion of the CourtLandon, J.
The judgment roll was properly received in evidence. As between the parties to it, it determined the title to the personal estate in controversy, and that was the very question here. That question was one which the parties to that action had the exclusive right to settle, and the plaintiff and the assessors, in the absence of fraud or collusion, are bound by the title as it actually existed, and was determined between the parties to that action. Candee v. Lord, 2 N. Y. 269; Carpenter v. Osborn, 102 N. Y. 552, 7 N. E. 823; Equipment Co. v. Blair, 145 N. Y. 607, 39 N. E. 962. The judgment…
2Cases cited7 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Candee v. . LordNew York Court of Appeals · 1849
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- McLean v. . JephsonNew York Court of Appeals · 1890
- Matter of New York Catholic ProtectoryNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.