Smith v. Staten Island Land Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Smith, as administrator, from so much of a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of New York on the 13th day of March, 1916, as dismisses the third amended complaint on the merits as against respondents upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
The only interest of the respondent Parson is as a stockholder of the respondent company, the Queen Anne Land Grant Company. The appeal is not urged as against him. It is stated in the points that it may be disregarded.
This action was commenced by John Penn Curry as plaintiff by service on the respondent Crear on the 13th day of September, 1906. Curry died March 8, 1908, and the plaintiff was appointed special administrator “to prosecute only and not with power to collect or compromise.” The action has been prosecuted by the special administrator as if he had been duly…
2Cases cited10 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
- Shaw v. . CockNew York Court of Appeals · 1879
- Treadwell v. . ClarkNew York Court of Appeals · 1907
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3Cited by5 opinions
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- Williams v. Flagg Storage Warehouse Co.New York Supreme Court · 1927
- In re the City of New YorkNew York Supreme Court · 1921
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- Horne v. BurressMississippi Supreme Court · 1967