Ferrin v. Myrick
New York Supreme Court
APPEAL by the plaintiff from an order sustaining a demurrer to the complaint. The complaint alleges the appointment, in March, 1865, of Jacob Hartman as administrator of the. estate of Sanford Hartman, deceased, his removal in December, 1866, and the appointment of Myrick in his place; that in May, 1865, said Jacob, as such administrator, contracted with the plaintiff to manufacture and deliver a set of grave stones, for the price of $140, to be ready by September following.
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APPEAL by the plaintiff from an order sustaining a demurrer to the complaint. The complaint alleges the appointment, in March, 1865, of Jacob Hartman as administrator of the. estate of Sanford Hartman, deceased, his removal in December, 1866, and the appointment of Myrick in his place; that in May, 1865, said Jacob, as such administrator, contracted with the plaintiff to manufacture and deliver a set of grave stones, for the price of $140, to be ready by September following. Said grave" stones being purchased to be placed at the grave of said deceased, and being suitable to his rank and…
1Opinion of the Court
By the Court, Morgan, J.
The complaint, I think, contains averments sufficient to show that the predecessor of the defendant undertook, in his character of administrator, to contract with the plaintiff’for suitable head-stones to be placed at the grave of the deceased, not beyond what would have been allowed to him, under the statutes, in his final account before the surrogate,- if he had paid for'them before he had been removed from office. The price was $140, and he had paid but $40 when he was removed and the *89defendant appointed to take his place. There is no question made but that the…
2Cases cited5 opinions
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Myer v. ColeNew York Supreme Court · 1815
- Dox v. BackenstoseNew York Supreme Court · 1834
- Parker's Executors v. Gainer's AdministratorNew York Supreme Court · 1837
- In re estate of ThompsonNew York Supreme Court · 1864
3Cited by2 opinions
- People v. Broadway RailroadNew York Court of Appeals · 1891
- Wilson v. StaatsNew Jersey Superior Court Appellate Division · 1881