Caulkins v. . Bolton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the fourth Tuesday of January, 1884, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 458.) */ The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the fourth Tuesday of January, 1884, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 458.) */ The nature of the action and the material facts are stated in the opinion. The defendants Bolton and Scriber, after the death of Lucinda Comstock, on their appointment, became the successors of the executrix in the trust. This trust did not devolve upon the administrator of Lucinda Comstock, but upon her successor…
1Opinion of the Court
.Danfobth, J.
The plaintiff brought this action against Bolton and Scriber “ as administrators, with the will annexed, of Zara Comstock, and Gray, as the administrator of the goods, etc., of Lucinda Comstock, deceased. For cause of action, he alleged the execution and delivery of his bond and mortgage to said Lucinda, whereby, he promised to pay her $1,000 ; that it is now due and payable, and he is ready to pay the same, but that each party defendant claims the money; that B. and S. are in possession of the bond and mortgage, and claiming that they belong to the estate of Zara Comstock,…
2Cases cited4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826
- Walton v. WaltonNew York Court of Appeals · 1864
- Luers v. BrungesNew York Supreme Court · 1878
3Cited by15 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
- In re Dunbar & Sullivan Dredging Co.Appellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of JacobsenNew York Surrogate's Court · 1942
- Manhardt v. FryeAppellate Division of the Supreme Court of the State of New York · 1897
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