Legal Opinion
Wilson v. Phelps
New York Supreme Court
Decided December 27, 1937PublishedCited by 5 opinions
1Opinion of the Court
Smith (E. N.), J.
As appears by the complaint, the action is for the recovery of money had and received. The summons was served on William Arnold, now deceased, August 17, 1935. The *456defendant, by Ms attorneys, Phelps, Hudson & Wise, on September 5, 1935, served a notice of retainer, coupled with a demand for a copy of the complaint. The defendant William Arnold died April 15, 1937, leaving a last will and testament in which Charles A. Phelps was named as executor. The will was admitted to probate and Mr. Phelps duly qualified and is now acting as executor thereof.
On motion of the plaintiff and…
2Cases cited3 opinions
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Appleton v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1925
- Martin v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- In re Estate of DowNew York Surrogate's Court · 1955
- City of White Plains v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1978
- O'Hagan v. KrackeAppellate Division of the Supreme Court of the State of New York · 1938
- Department of Social Services ex rel. Thompson v. DinkinsNew York Family Court · 1981
- Valle v. New York City Transit AuthorityNew York Supreme Court · 1963