Livermore v. Bainbridge
New York Supreme Court
APPEAL from an order made at a special term, on the application of the personal representatives of a sole defendant who had died after answer, directing the action tó ■be continued against them.
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 v. La Farge, (1 Bosw. 671,) and the other, the decision which we are called upon to review. Both decisions were made 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 either of those distinguished jurists; and on the present occasion, in view of the difference in their *359judgments, I think the…
2Cases cited3 opinions
- Keene v. La FargeThe Superior Court of New York City · 1858
- Souillard v. DiasNew York Court of Chancery · 1842
- Schuschard v. ReimerNew York Court of Common Pleas · 1865