Murray v. Smith
The Superior Court of New York City
This was an aetion, commenced in ¡November, 1843, to recover from the defendant a sum of money which the plaintiff alleged he had paid to the use of Hugh Smith, deceased. After Hugh Smith’s death, the claim was presented to Peter Smith, his executor, and rejected. The defendant, Bartlett Smith, as administrator, now represented the estate.
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This was an aetion, commenced in ¡November, 1843, to recover from the defendant a sum of money which the plaintiff alleged he had paid to the use of Hugh Smith, deceased. After Hugh Smith’s death, the claim was presented to Peter Smith, his executor, and rejected. The defendant, Bartlett Smith, as administrator, now represented the estate. The cause was tried five times successively; on each of the first four trials the plaintiff recovered a verdict, but the defendant succeeded in having it set aside. In 1851, after the fourth trial, costs were adjudged to, the plaintiff, at Special Term, by…
1Opinion of the CourtRobertson, J.
In February, 1837, Hugh Smith, the testator represented by the defendant, died, leaving a last will and testament, by which he made his wife and Peter Smith and two other persons executors thereof. At the time of his death he was a resident of Kings County. Letters testamentary were, in the same year, issued by the Surrogate of that county, to Peter Smith, named as executor in such will. In 1841, (about four years afterwards,) late in June, upon the ex parte application of the executor, Peter Smith, the Surrogate of Kings County, made an order, that a notice requesting all persons having…
2Cases cited4 opinions
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
- Proude v. WhitonNew York Supreme Court · 1856
- Dolbeer v. CaseyNew York Supreme Court · 1854
3Cited by2 opinions
- Howe v. LloydNew York Supreme Court · 1870
- Hoyt v. BonnettNew York Supreme Court · 1871