Ballou v. . Ballou
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts material to the questions discussed appear sufficiently in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts material to the questions discussed appear sufficiently in the opinion. The claim for loss and damage arose upon the appropriation by the State of the land of plaintiff’s intestate, and upon his death was a part of his personal estate. {People v. Hayden, 6 Hill, 359, 361, 362 ; 18 Wend., 9 ; 8 R Y., 110 ; 19 Wend., 678.) The referee erred in excluding evidence on the question…
1Opinion of the Court
Church, Ch. J.
The plaintiff sued as administratrix of the estates, both of her husband and her son, to recover of the defendant an amount of money received by him of the State for damages in appropriating land for the canal.
The referee found that the land at the time of the appropriation was owned by William P. Ballou, the husband of the plaintiff. The land was appropriated in 1850; the husband died intestate in 1854. The appraisal of damages was recorded in 1859.
The son Theodore was his only heir, and he died intestate April 29, 1862. The amount of the award was paid to defendant May 14,…
2Cited by6 opinions
- Fawcett v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Ballou v. . BallouNew York Court of Appeals · 1888
- In re the Judicial Settlement of the Accounts of McKayNew York Surrogate's Court · 1902
- Smith v. BayrightNew Jersey Court of Chancery · 1881
- United States v. BakerU.S. Circuit Court for the District of Northern New York · 1910
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