Legal Opinion

Boyd v. Daily

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

Decided July 1, 1903PublishedCited by 11 opinions

v Aíppeaí by the plaintiff, Robert Bóyd, from a' judgment of ,thé Supreme Court in favor of. the defendant, Lizzie H. Daily, as executrix, etc., pf Henry -.Daily, Jr., deceased,-entered in the office of-.the clerk .of the noun ty.'of: Hew'York' on-the '29th': day-pf August, 1902, upon the'decision, of the' court,' rendered after a trial at the Hew.

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v Aíppeaí by the plaintiff, Robert Bóyd, from a' judgment of ,thé Supreme Court in favor of. the defendant, Lizzie H. Daily, as executrix, etc., pf Henry -.Daily, Jr., deceased,-entered in the office of-.the clerk .of the noun ty.'of: Hew'York' on-the '29th': day-pf August, 1902, upon the'decision, of the' court,' rendered after a trial at the Hew. York . Special Term, adjudging that said executrix., .of Henry Daily, Jr,,.deceased, has a lien .upon the fund deposited, by the plaintiff: with the defendant trust company;'and directing the páymént to her of'the amount of said lien. ''"

1Opinion of the Court

Laughlix, ■ J.: • . ' " ' ’

'The plaintiff' owned premises on the northwesterly side of Elm street and southwesterly side of Pearl street, and contracted to conyey the same to the Hew York Life Insurance .Company. There was- an action pending against the -plaintiff brought by David Boyd, individually and'as-administrator'of the estate of Samuel Boyd, involving 'the title to these premises in' which a notice .ofpendency had been filed. .As a.condition- of taking title the insurance, company insisted. upon a cancellation .of th& Us pendens, and this' was'consented to bythe attorney for the…

2Cases cited6 opinions

  1. Vigus v. O'BannonIllinois Supreme Court · 1886
  2. Clifford v. BraunAppellate Division of the Supreme Court of the State of New York · 1902
  3. Powell v. MurrayNew York Court of Chancery · 1843
  4. Tragman v. LittlefieldNew York Court of Common Pleas · 1892
  5. Jenkins v. WilliamsNew York Supreme Court · 1846

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Matter of HowellNew York Court of Appeals · 1915
  2. In re the Estate of SchanzerAppellate Division of the Supreme Court of the State of New York · 1959
  3. Matter of ReisfeldNew York Court of Appeals · 1919
  4. Frost v. BachmanAppellate Division of the Supreme Court of the State of New York · 1940
  5. In re the Accounting of Public Administrator of King CountyNew York Surrogate's Court · 1956

6 more not listed; retrieve them via the Exa API.

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