In re Mayer's Estate
New York Supreme Court
Appeal from surrogate’s court, New York county. Judicial settlement of the accounts of Charles Mayer and Louis Cohen, as administrators, etc., of Margaret Mayer, deceased. From an order refusing a rehearing of a claim preferred against the estate by one of the,administrators, and rejected, the administrators and the claimant individually appeal. Affirmed.
Read the full summary
Appeal from surrogate’s court, New York county. Judicial settlement of the accounts of Charles Mayer and Louis Cohen, as administrators, etc., of Margaret Mayer, deceased. From an order refusing a rehearing of a claim preferred against the estate by one of the,administrators, and rejected, the administrators and the claimant individually appeal. Affirmed. February 8, 1892, Bridget Neary died intestate, and June 16, 1892, letters of administration were issued to Margaret Mayer and Louis Cohen on her estate, which amounted to 84,663.45. On the 16th of February, 1893, Louis Cohen, as surviving…
1Opinion of the CourtFollett, J.
The order denying the motion for a rehearing is sustainable on four grounds:
1. It has long been the rule in this state that a motion for a new trial because of newly-discovered evidence must be founded on the affidavits of the newly-discovered witnesses, unless it is shown that they cannot be obtained. Adams v. Bush, 1 Abb. Dec. 7; 2 Abb. Pr. (N. S.) 104; Denn v. Morrell, 1 Hall, 382; Roberts v. Bank (Sup.) 14 N. Y. Supp. 432; In re Collins, 6 Dem. Sur. 286; Gould v. Moore, 40 N. Y. Super. Ct. Rep. 387; Garvey v. Horse & Cattle Show, 3 Misc. Rep. 352, 22 N. Y. Supp. 929; Denny v. Blumenthal,…
2Cases cited7 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
- Denn ex dem. Hughs v. MorrellThe Superior Court of New York City · 1828
- Roberts v. Johnstown BankNew York Supreme Court · 1891
- Denny v. BlumenthalCity of New York Municipal Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- Cheever v. Scottish Union & National InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1902
- Armstrong Manufacturing Co. v. ThompsonAppellate Terms of the Supreme Court of New York · 1904
- Collins v. Central Trust Co.New York Supreme Court · 1929