Pache v. Oppenheim
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Charles Pache to recover the reasonable cost of his deceased wife’s sepulture, paid by him before administration was assumed, against Bertha Oppenheim, as executrix, etc., of Eliza Pache, deceased. From a judgment sustaining a demurrer to and dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The demurrer was upon three grounds, viz., that the court below was without jurisdiction of the person of the defendant, that the complaint was defective in substance, and that the court was without jurisdiction of the subject of the action.
The ground of demurrer first above- stated was untenable, since the Municipal Court act (Laws 1902, p. 1489, c. 580, tit. 1, § 1, subd. 18), in terms, authorizes that court to entertain an action against an executor or administrator, as such, when the recovery is not to exceed $500.
That the undertaker’s services were given, and the necessaries for decent…
2Cases cited6 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Lucas v. HessenNew York Court of Common Pleas · 1885
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Patterson v. BuchananAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Halkin v. HumeCity of New York Municipal Court · 1924