Rappelyea v. Russell
New York Court of Common Pleas
Appeal by the plaintiff from a judgment of the Marine Court, at General Term, for the defendant, on a demurrer to the complaint. The complaint alleged that plaintiff was a “ general furnish- ing undertaker,” doing business in the city of New York, and that the defendant was the Public Administrator in and for the said city of New York.
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Appeal by the plaintiff from a judgment of the Marine Court, at General Term, for the defendant, on a demurrer to the complaint. The complaint alleged that plaintiff was a “ general furnish- ing undertaker,” doing business in the city of New York, and that the defendant was the Public Administrator in and for the said city of New York. That on or about the 9th day of June, 1860, one Anna Winchester, who had been, previous to that date^ residing in said city, died intestate, and without having any friends and relations in said city. That thereupon the plaintiff, in his capacity as such…
1Opinion of the Court
By the Court.
Daly, F. J.
It is well settled that an executor, if he have sufficient assets, is liable upon an implied promise to a third person, who, as an act of duty or necessity, has provided for the interment of the deceased, if the funeral was conducted in a manner suitable to the testator’s rank in life, and the charge is fair and reasonable. Tugwell v. Hayman, 3 Camp. 298 ; Rogers v. Price, 3 Young & J. 28 ; Corner v. Shew, 3 Mee. &. Wells. 350; Brice v. Wilson, 8 A. & E. 348, Note; Hapgood v. Houghton, 10 Pick, 154.
1 do not understand that the law, as established by these cases, is…
2Cases cited1 opinion
- Jackson ex dem. Schenck v. WoodNew York Supreme Court · 1816
3Cited by21 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Hildebrand v. KinneyIndiana Supreme Court · 1909
- Dampier v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Lucas v. HessenNew York Court of Common Pleas · 1885
- In re the Estate of KulykNew York Surrogate's Court · 1934
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