Legal Opinion

Henderson v. Bartlett

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the defendant, Maria H. N. Bartlett, as executrix of the last will and testament of Edward B. Bartlett, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of December, 1897, upon the verdict of a jury rendered after a trial at the Kings County Trial Term; also from an order entered in said clerk’s office on the 14th day of January, 1898, granting the motion of the…

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Appeal by the defendant, Maria H. N. Bartlett, as executrix of the last will and testament of Edward B. Bartlett, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of December, 1897, upon the verdict of a jury rendered after a trial at the Kings County Trial Term; also from an order entered in said clerk’s office on the 14th day of January, 1898, granting the motion of the plaintiff to amend the complaint, and also from an order entered in said clerk’s office on the 13th day of January, 1898,…

1Opinion of the Court

Hatch, J.:

This action was brought to recover damages for a breach of con- ' tract. The facts out of which the claim arises are briefly these : The testator, Edward B. Bartlett, was a member of the firms of E. B. Bartlett & Co. and Peter Mallett & Co., and was a stockholder in the Union Warehouse Company, of which last company Alexander D. Henderson, a son of the plaintiff, was secretary. Prior to the 1st day of May, 1893 the plaintiff had loaned to the firm of E; B. Bartlett & Co. $25,000, through the agency of her son, for which she held the notes of the firm and certain stocks and bonds as…

2Cases cited6 opinions

  1. Conrow v. . LittleNew York Court of Appeals · 1889
  2. Fairchild v. . FairchildNew York Court of Appeals · 1876
  3. Clift v. . MosesNew York Court of Appeals · 1889
  4. Drake v. . New York Iron MineNew York Court of Appeals · 1898
  5. Deitz v. FieldAppellate Division of the Supreme Court of the State of New York · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Patterson v. YoungsAppellate Terms of the Supreme Court of New York · 1911
  2. Taylor v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1901

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