Leavitt v. Jas. F. Scholes Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The action was properly brought in the name of the plaintiff as executrix. (Dunphy v. Callahan, 126 App. Div. 11, 13; 194 N. Y. 587; Lakin v. Button, 132 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The action was properly brought in the name of the plaintiff as executrix. (Dunphy v. Callahan, 126 App. Div. 11, 13; 194 N. Y. 587; Lakin v. Button, 132 App. Div. 557; Buckland v. Gallup, 105 N. Y. 453; Van Buren v. First Nat. Bank, 53 App. Div. 80, 83; Bingham v. Marine Nat. Bank, 41 Hun,…
1Opinion of the CourtChase, J.
The plaintiff’s testator died May 10, 1901, leaving a will, which was duly probated, and she has been duly appointed sole executrix thereof. After the death of the testator she continued as sole executrix of his will and in his name, and for the benefit of his estate to conduct and manage the business theretofore conducted and managed by him.
The defendant is a corporation, and on May 20, 1906, pursuant to an agreement with the plaintiff as such executrix, undertook to remove certain glass from railroad cars in the borough of Brooklyn, city of New York, to the plaintiff’s place of business in…
2Cases cited18 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Kane v. PaulSupreme Court of the United States · 1840
- Moss v. . CohenNew York Court of Appeals · 1899
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3Cited by4 opinions
- In re the Estate of BursteinNew York Surrogate's Court · 1934
- Shea v. GravesOregon Supreme Court · 1933
- J. W. McWilliams Co. v. TraversSupreme Court of Florida · 1928
- In re the Accounting of MosteiroAppellate Division of the Supreme Court of the State of New York · 1948