Niles v. Crocker
New York Supreme Court
Appeal from judgment on report of referee! Action by Eillene E. Niles against David Crocker and Edwin L. Crocker, as executors of Luther Crocker, deceased. There was a judgment in favor of plaintiff, and defendants appeal.
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Appeal from judgment on report of referee! Action by Eillene E. Niles against David Crocker and Edwin L. Crocker, as executors of Luther Crocker, deceased. There was a judgment in favor of plaintiff, and defendants appeal. The action or proceeding was under section 2718 of the Code, to recover the amount of a promissory note made by the defendants’ testator, and delivered to one of the defendants, to be delivered to the plaintiff in, ease of his death, and, in case he should recover from the illness from which he was then suffering, it was to be returned to him. The testator died a few days…
1Opinion of the CourtMartin, J.
After an examination of the evidence and rulings-contained in the appeal book, we have reached the conclusion that there were no rulings on the trial which would justify us in disturbing the judgment herein, and that the findings of the referee were sustained by the evidence. It, therefore, follows that the judgment, so far at least as it relates to the amount of damages recovered, should be afiirmed.
The appellants, however, contend that the referee erred in awarding the plaintiff costs, and that to that extent the judgment should be reversed or modified by deducting the amount of the costs…
2Cases cited6 opinions
- Larkins v. . MaxonNew York Court of Appeals · 1886
- Cruikshank v. CruikshankNew York Supreme Court · 1854
- In re the Estate of MortonNew York Surrogate's Court · 1894
- King v. ToddNew York Court of Common Pleas · 1891
- Hallock v. BaconNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
- Starke v. S. C. Beckwith Special AgencyNew York Court of Appeals · 1919
- Osborne v. ParkerAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Accounting of HammerNew York Surrogate's Court · 1945
2 more not listed; retrieve them via the Exa API.