Hart v. Washburn
New York Supreme Court
Appeal from special term, New York county. Action by James L. Hart against Benjamin Richardson, as trustee of the Great Animas Gold & Silver Mining Company, to enforce the liability imposed upon him by law for failure to file an annual report for work, labor,, and services rendered such company. Judgment was entered against defendant by default. Pending an appeal from an order opening the default, Richardson died.
Read the full summary
Appeal from special term, New York county. Action by James L. Hart against Benjamin Richardson, as trustee of the Great Animas Gold & Silver Mining Company, to enforce the liability imposed upon him by law for failure to file an annual report for work, labor,, and services rendered such company. Judgment was entered against defendant by default. Pending an appeal from an order opening the default, Richardson died. William T. Washburn and others, as executors, substituted as-defendants on motion of plaintiff, appeal from the order of substitution-
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover a liability imposed' by the act of 1848, (chapter 40,) for the failure of the defendant to make and-file the annual report of a mining company, of which the defendant was a trustee. A judgment was entered by default in favor of the plaintiff against-the defendant, and a motion was made to open this default, which was granted. An appeal was taken to the general term, and pending this appeal the defendant died. A motion was then made to revive the action against the executors, which motion was granted, and from the order thereupon entered this appeal is taken.…
2Cited by5 opinions
- Calkins v. Department of Labor & IndustriesWashington Supreme Court · 1941
- Heuchert v. State Industrial Accident CommissionOregon Supreme Court · 1942
- Roche v. McDonaldWashington Supreme Court · 1930
- Wright v. Northern Pacific Railway Co.Washington Supreme Court · 1907
- Vitto v. FarleyAppellate Division of the Supreme Court of the State of New York · 1896