Legal Opinion

Secor v. Tradesmen's National Bank

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 7 opinions

Appeal by the defendants, the Tradesmen’s National Bank of the City of New York and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of December, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrers to the plaintiff’s complaint.

1Opinion of the Court

Hatch, J.:

The complaint avers that Phineas Burgess, Charles A- Secor and James F. Secor were, prior to December, 1884, copartners, doing business under the firm name of Burgess & Secor; that Burgess died in 1884, leaving a last will and testament, which was admitted to probate, and David Myerle was appointed his executor and qualified as such; that Charles A. Secor died on December 23,1884, and letters of administration were duly issued to William H. Secor on January 26, 1885. After his death, and after letters of administration were issued, a last will and testament of the deceased was…

2Cases cited4 opinions

  1. Williams v. . WhedonNew York Court of Appeals · 1888
  2. Ward v. . PetrieNew York Court of Appeals · 1898
  3. Preston v. . FitchNew York Court of Appeals · 1893
  4. Leggett v. StevensAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
  2. Silberfeld v. Swiss Bank Corp.Appellate Division of the Supreme Court of the State of New York · 1948
  3. In re ThieriotAppellate Division of the Supreme Court of the State of New York · 1907
  4. Boskowitz v. SulzbacherAppellate Division of the Supreme Court of the State of New York · 1907
  5. Martin v. CampbellSupreme Court of Alabama · 1922

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