Webb v. . Buckelew
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, as a creditor of James Buckelew, deceased, under the statute (2 B. S. 151, § 26), against defendants as legatees under the will of the deceased to recover the value of assets received by them.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. This action was brought by plaintiff, as a creditor of James Buckelew, deceased, under the statute (2 B. S. 151, § 26), against defendants as legatees under the will of the deceased to recover the value of assets received by them. The alleged liability of the testator was for a breach of a warranty against incumbrances contained in a deed. Upon the trial plaintiff offered the pleadings and other papers and an…
1Opinion of the CourtFinch, J.
The principal question in this case relates to the interlocutory order of March 15, 1869, made in a previous action instituted by the present plaintiff against James Buckelew, who died before final judgment in that action, and two of whose legatees are the respondents on this appeal.- To maintain the action against them it was necessary for the plaintiff to establish the liability of James Buckelew for a breach of his covenant against incumbrances. Without the aid of the interlocutory order obtained in his life-time that liability is unproved, and the admissibility of such order is,…
2Cases cited8 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Baugh v. BaughCourt of Appeals of Kentucky · 1817
- Leonard v. BarkerNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SchendelSupreme Court of the United States · 1926
- Rudd v. . CornellNew York Court of Appeals · 1902
- Bannon v. BannonNew York Court of Appeals · 1936
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Bohler v. CallawaySupreme Court of the United States · 1925
48 more not listed; retrieve them via the Exa API.