Mason v. . Sanford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of March, 1892, which affirmed an order of Special Term granting plaintiff leave to sever the above-entitled action and to revive the same by substituting the executors of the will of defendant Sanford, deceased, in his stead, and to serve a supplemental summons and complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of March, 1892, which affirmed an order of Special Term granting plaintiff leave to sever the above-entitled action and to revive the same by substituting the executors of the will of defendant Sanford, deceased, in his stead, and to serve a supplemental summons and complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The established rule in equity is that the Statute of Limitations applicable to the cause of action alleged in the bill…
1Opinion of the CourtEarl, J.
This action was commenced by Henry B. Pier-son, as receiver, and, he having died, Thomas F. Mason was substituted as plaintiff in his stead. The action was commenced in 1879 against the defendants as trustees of the Widows and Orphans’ Benefit Life Insurance Company for an accounting as to the assets of the company diverted, wasted and misapplied by them in the manner and under the circumstances described in the complaint. The action was put in issue by the answers of the defendants, and the defendant Sanford died in October, 1882. He left a will which was admitted to probate in January,…
2Cases cited3 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Lyon v. . ParkNew York Court of Appeals · 1888
- Evans v. . ClevelandNew York Court of Appeals · 1878
3Cited by12 opinions
- Patterson v. HewittNew Mexico Supreme Court · 1901
- Pringle v. . Long Island R.R. Co.New York Court of Appeals · 1898
- Lawrence v. CowperthwaitNew York Supreme Court · 1934
- Callanan v. Keeseville, Ausable Chasm, Lake Champlain RailroadNew York Supreme Court · 1905
- Dewitt v. New York Central RailroadNew York Supreme Court · 1922
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