Gray v. Journal of Finance Publishing Co.
New York Court of Common Pleas
Appeal from second district court. Action by Joseph H. Gray, Jr., against the Jourhal of Finance Publishing Company, to recover damages for breach of a contract for the publication of a citation in probate proceedings. From a judgment entered on an order dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtBookstaver, J.
The plaintiff, an' attorney at law, was employed by the executors of the estate of Clinton Gilbert, deceased, to take proceedings in the surrogate’s court for the probate of the will of said Gilbert. In order to obtain jurisdiction over the many parties interested in the probate, it became necessary to publish a citation against a number of nonresident next of kin. To this end an order was made by the surrogate of the county of New York on or about December 14, 1891, directing the service of the citation upon such nonresident parties by publication in the New York Law Journal and in the…
2Cases cited17 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Knapp v. . SimonNew York Court of Appeals · 1884
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
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3Cited by3 opinions
- Fink v. WallachNew York Supreme Court · 1905
- Parker v. PaineAppellate Terms of the Supreme Court of New York · 1902
- Parker v. PaineAppellate Terms of the Supreme Court of New York · 1902