Cookman v. Stoddard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen E. Cookman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Lewis on the 16th day of December, 1908, upon a nonsuit granted by the court at the close of plaintiff’s case on a trial at the Lewis Trial Term, and also from an order entered in said clerk’s office on the 8th day of December, 1908, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Robson, J.:
This is an action against the surviving sureties upon the bond of one George Wider, ás administrator with the. will annexed of Charles A. Wider, deceased, in which plaintiff seeks to recover the amount directed to be paid by said administrator to her as a legatee of said testator by decree of the Surrogate’s Court of Lewis county made in proceedings instituted in that court by him for a voluntary accounting as such administrator. It is conceded that the sureties— defendants above named—■ were hot cited in said proceedings, and did not appear in any manner therein. The court granted…
2Cases cited3 opinions
- Tennessee v. SneedSupreme Court of the United States · 1877
- Marx v. HanthornSupreme Court of the United States · 1893
- McMahon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- In re the Accounting of AquinoNew York Surrogate's Court · 1945
- Blake v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of GeraerdtsNew York Surrogate's Court · 1962
- In re the Estate of HumpfnerNew York Surrogate's Court · 1938