Bennett v. Thompson
New York Supreme Court
Appeal from special term, Albany county. Action by Edmund F. Bennett against John I. Thompson, William A. Thompson, and James F. Cowee to recover for the alleged conversion of personal property. From an order granting the application of Clara F. Bennett, as assignee of plaintiff, to revive the action, and to substitute her as plaintiff in place of said Edmund F. Bennett, deceased, defendants appeal. Affirmed.
1Per curiam
We think the court below had power to grant the motion. His authority to do so seems unquestionable, since the decision of the court of appeals in Schell v. Devlin, 82 N. Y. 333. In that case the motion was not granted, as counsel for appellants suggests, under the provisions of section 1298 of the Civil Code, no appeal having been taken, and the authority seems directly in point. It is difficult to see what interest the personal representatives of the deceased plaintiff had in the motion. The assignment by plaintiff, previous to his death, to the moving party, was clearly proved, and was not…
2Cases cited1 opinion
- Schell v. . DevlinNew York Court of Appeals · 1880