Montague v. Jewelers & Tradesmen's Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara Montague, as sole surviving executrix, etc., of Henry E. Droz, deceased,-from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of August, 1899, granting leave to Rachel Flint to become a party defendant in the above-entitled action.
1Opinion of the Court
O’Brien, J.:
On May 19, 1890, the defendant issued to A. F. Flint a certificate of membership, by which it agreed, in consideration of the payment of certain fees, dues and assessments, to pay “to Henry E. Droz * * * such amount as, upon ■ the- death of A. F. Flint, it may be proven by said Henry E. Droz that he was indebted to him at that time, and the remainder, if any, to Rachel Flint, his wife, * * * the sum of $5,000.” Droz died on December 7, 1893, and letters testamentary .upon his estate were issued to this plaintiff. Flint died March 13, 1898, and thereafter this action was begun by…
2Cases cited4 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Montague v. Jewelers & Tradesmen's Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Feinburg v. American Surety Co.Appellate Terms of the Supreme Court of New York · 1900
- Bauer v. DeweyAppellate Division of the Supreme Court of the State of New York · 1900
- Dechert v. PrattNew York Supreme Court · 1943
- Draper v. PrattNew York Supreme Court · 1904
- Touhey Co. v. Shongo Construction Co.New York Supreme Court · 1917
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