Legal Opinion

Hellstern v. Hellstern

New York Court of Appeals

Decided December 9, 1938PublishedCited by 15 opinions

1Opinion of the CourtHubbs, J.

The Appellate Division has certified to this court the question “ Should the complaint have been dismissed on the ground that there is an existing final judgment or decree of a court of competent jurisdiction rendered on the merits determining the same cause of action between the parties? ”

The plaintiff is the widow of Hugo Hellstern, deceased. She was duly appointed administratrix of his estate. Thereafter she, as administratrix, brought a proceeding in Surrogate’s Court to discover assets. A decree was duly entered in that proceeding deciding that certain savings bank accounts of her…

2Cases cited11 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. First National Bank v. . ShulerNew York Court of Appeals · 1897
  3. Russell v. . McCallNew York Court of Appeals · 1894
  4. Gray v. . Richmond Bicycle Co.New York Court of Appeals · 1901
  5. Collins v. . HydornNew York Court of Appeals · 1892

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3Cited by15 opinions

  1. Mosier v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1942
  2. Parker v. HoeferNew York Court of Appeals · 1957
  3. Craven v. RigasAppellate Division of the Supreme Court of the State of New York · 2011
  4. Hakala v. SchaickCity of New York Municipal Court · 1939
  5. In re the Estate of GouldNew York Surrogate's Court · 1939

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