Legal Opinion

C. F. Stromeyer Co. v. Aldrich

District Court, S.D. New York

Decided August 5, 1915PublishedCited by 4 opinions

At Law. Action by the G. F. Stromeyer Company against Nelson W. Aldrich. On motion by plaintiff to revive against executors of defendant.

1Opinion of the Court

AUGUSTUS N. HAND, District Judge.

This action is upon a contract. The defendant, a citizen of Rhode Island, died after service of the summons and complaint upon him, and letters testamentary upon his estate were granted by the probate court in Rhode Island. The plaintiff now seeks to revive the action against his executors, who are citizens and residents of Rhode Island, have no assets of the estate within the state of New York, and have never been served with notice of this application. The motion must be denied.

If the executors had received letters from a surrogate of New York, they could be…

2Cases cited5 opinions

  1. Clarke v. MathewsonSupreme Court of the United States · 1838
  2. Thorburn v. GatesDistrict Court, S.D. New York · 1915
  3. Lawrence v. Southern Pac. Co.District Court, E.D. New York · 1910
  4. Filer & Stowell Co. v. RaineyU.S. Circuit Court for the Northern District of Illnois · 1903
  5. McGrath v. WeillerAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by4 opinions

  1. Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, SubstitutedCourt of Appeals for the Second Circuit · 1959
  2. Giampalo v. TaylorSupreme Court of Pennsylvania · 1938
  3. National Council of Knights & Ladies of Security v. ScheiberSupreme Court of Minnesota · 1917
  4. Heath v. Santa Lucia Co.District Court, S.D. New York · 1924

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