Genet v. Willock
Appellate Division of the Supreme Court of the State of New York
. Appeal by the "defendant, Virginia Willock, as administratrix, etc., of William Willock, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk, of the county of Westchester on the 10th day of June, 1903, upon the report of a referee.
1Opinion of the Court
Jenks, J.:
An administratrix appeals from a judgment resulting from a" reference of a disputed claim under section 2718 of ■ the Code.of Civil Procedure. The plaintiff has recovered for the use and occupancy of a house, for funeral expenses and for money advanced to the intestate. •
*589I think that the evidence does not warrant a recovery for the use and occupation. As the plaintiff does not contend that, during the lifetime of the intestate he ever made claim for rent, his claim must be “ carefully scrutinized and admitted only upon very satisfactory proof.” (Kearney v. McKeon, 85 N. Y. 136;…
2Cases cited5 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Porter v. RhoadesAppellate Division of the Supreme Court of the State of New York · 1900
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Final Accounting of StilesNew York Surrogate's Court · 1926
- Marrano v. StateNew York Court of Claims · 1975
- In Re SchulerUnited States Bankruptcy Court, W.D. New York · 2006
- In re MudgeNew York Surrogate's Court · 1909
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