Legal Opinion
Austin v. Monroe
New York Supreme Court
Decided February 15, 1871PublishedCited by 5 opinions
This was an appeal by the defendants from an order at Special Term. The facts are stated in the opinion.
1Opinion of the Court
By the Court
Mullin, P. J.
This is an appeal by defendants from an order overruling a demurrer to plaintiffs complaint.
The complaint alleges that plaintiffs were retained by defendants’ testator, to defend an action in the Supreme Court, brought against him by one Sarah C. Stevens. That before the determination of the action, the testator died, leaving a will, by which the defendants were appointed executors.
The defendants and the devisees’ and legatees were, upon the death of "the testator,' substituted as parties defendant.
After the- testator’s death, defendants refused to defend said’.action…
2Cases cited3 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Bellinger v. FordNew York Supreme Court · 1856
- Putnam v. Van BurenNew York Supreme Court · 1852
3Cited by5 opinions
- In re the Estate of CoffinNew York Surrogate's Court · 1934
- In re the Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1936
- In re RobbinsNew York Supreme Court · 1908
- Amoré v. La MotheThe Superior Court of New York City · 1878
- Lapaugh v. WilsonNew York Supreme Court · 1887