Downing v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harriet F. W. Spicer, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens oh the 16th day of October, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling her demurrer to the complaint and awarding costs to the plaintiff.
1Opinion of the Court
Woodward, J.:
Richard- Downing, as committee of the person and estate of Dar' ling B. Whitney, an incompetent person, brought this action for an accounting as such committee. The plaintiff is one of .the incompetent person’s administrators. The appellant demurred to the complaint on the ground that the plaintiff had no legal capacity to sue *308for the purpose of an accounting, the Code of Civil Procedure providing (§ 2344) that “ Where a person of whose ■ property a committee has been appointed, as prescribed in this title, dies during his incompetency, the power of the committee ceases, and the…
2Cases cited4 opinions
- In re LofthouseAppellate Division of the Supreme Court of the State of New York · 1896
- In re ForkelAppellate Division of the Supreme Court of the State of New York · 1896
- In re GroutNew York Supreme Court · 1894
- Leggett v. HunterNew York Supreme Court · 1857
3Cited by1 opinion
- Estate of Estate of KelleyCalifornia Supreme Court · 1920