Hauselt v. . Patterson
New York Court of Appeals
Appeal, by defendants Elizabeth Patterson, Catharine Bonner and Preston Stevenson, as trustees, etc., from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18,1889, which affirmed a judgment in favor of plaintiffs’ testator entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal, by defendants Elizabeth Patterson, Catharine Bonner and Preston Stevenson, as trustees, etc., from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18,1889, which affirmed a judgment in favor of plaintiffs’ testator entered upon a decision of the court on trial at Special Term. The action was brought to recover the amount of the deficiency of a mortgage debt of John' H. McCunn, who died in July, 1812, leaving a will, by which he devised all his real estate to trustees. He left surviving as his heirs at law, capable…
1Opinion of the CourtBradley, J.
Inasmuch as the descent on which this action is founded -was cast upon the heirs of John H. McCunn prior to the repeal by L. 1880, eh. 245 of art. 2 of tit. 3, ch. 8, part 3 of the Revised Statutes, the inquiry is suggestéd by counsel whether the provisions of the latter were for the purposes of the remedy still operative. (Code, § 3352.) That, however, is a matter of no importance in this case, as those provisions of the Revised Statutes, so far as applicable to it, and the substituted provisions of the Code of Civil Procedure, are substantially the same. The right to maintain this action is…
2Cases cited5 opinions
- Johnson v. CorbettNew York Court of Chancery · 1844
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Wood v. WoodNew York Supreme Court · 1858
- Schermerhorn v. BarhydtNew York Court of Chancery · 1841
- Roosevelt v. CarpenterNew York Supreme Court · 1858
3Cited by36 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Murdock v. . WatermanNew York Court of Appeals · 1895
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922
- In re the Estate of HornerNew York Surrogate's Court · 1933
31 more not listed; retrieve them via the Exa API.