Legal Opinion

Stevens v. Sessa

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1900PublishedCited by 4 opinions

Appeal by the plaintiff, Morris Putnam Stevens, as general guardian of Bertha D. Kane, an infant, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 8th day of December, 1898, upon the report of a referee.

1Opinion of the Court

Woodward, J.:

Morris Putnam Stevens, as general guardian of Bertha D. Kane, brings this action for the purpose of recovering certain rentals of land specifically devised by the late Edward Kane to Bertha D. Kane, the ward of the plaintiff. Edward Kane died on the 11th day of December, 1897, and his will was admitted to probate on the 3d day of May, 1898. It is conceded that in the absence of a special defense the plaintiff would be entitled to recover the amount demanded, which is, by agreement of the parties, stipulated at §2,070.10. The defendant, however, sets up an affirmative defense, and…

2Cases cited5 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Knapp v. AlvordNew York Court of Chancery · 1843
  3. Terwilliger v. Ontario, Carbondale & Scranton RailroadNew York Court of Appeals · 1896
  4. Farmers' Loan & Trust Co. v. WilsonNew York Court of Appeals · 1893
  5. Houghtaling v. MarvinNew York Supreme Court · 1849

3Cited by4 opinions

  1. Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
  2. McNerney v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1954
  3. Babrowsky v. United States Grand Lodge of the Order Brith AbrahamAppellate Division of the Supreme Court of the State of New York · 1908
  4. Kings Medical Management, Inc. v. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, P.C.Appellate Division of the Supreme Court of the State of New York · 2010

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