Livermore v. Bainbridge
New York Supreme Court
This case is reported at page 53 of vol. 42 of Howard’s Hr. Beports, where a statement of the facts will be found, and decision at special term. The plaintiffs appealed from the order allowing the executors to continue the case, to the general term.
1Opinion of the Court
By the court, Cardozo, J.
—So far as authority goes, it will be found, upon careful examination, that there are but two cases directly in point, one being the case of Keene agt. 'La Farge (1 Bostv., 571), and the other the decision which we are called upon to review. Both decisions 'are inade at special term, each of them by a judge of great learning and experience, and each entitled to equal and profound respect. I .venture at any time with great diffidence to differ from *273either of those distinguished jurists, and on the present occasion, in view of the difference in their judgments, I think,…
2Cases cited1 opinion
- Schuschard v. ReimerNew York Court of Common Pleas · 1865