Morgan v. Waters
Appellate Division of the Supreme Court of the State of New York
Appeal by -the plaintiffs, Julia G. Morgan and another, as executrices, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warisen on thé' 1st day of May, 1.90ft, upon- the dismissal of the complaint by direction of the court upon the opening of the case at the Warren Trial Term. The original plaintiff in this action was Mary W. Griffin, who died during the pendency thereof.
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Appeal by -the plaintiffs, Julia G. Morgan and another, as executrices, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warisen on thé' 1st day of May, 1.90ft, upon- the dismissal of the complaint by direction of the court upon the opening of the case at the Warren Trial Term. The original plaintiff in this action was Mary W. Griffin, who died during the pendency thereof. Julia G. Morgan and Clara L. Griffin, as executrices of her last will and testament, were duly substituted as plaintiffs herein.
1Opinion of the Court
Smith, P. J.:
Plaintiffs’ complaint was dismissed at the opening of the trial, upon the ground that a cause of action was not therein alleged. The sole question, then for our determination is as to the correctness of this holding. In the complaint it is alleged that about, the 5th day of May, 1890, for the purpose of securing the sum of $500 loaned to thorn by Mary W. Griffin, plaintiffs’ testatrix, Starling Waters and Elizabeth Waters, the father and mother of the defendant, executed and delivered to the said Mary W. Griffin a bond, whereby they bound themselves to pay the said sum three…
2Cases cited5 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Yates v. JoyceNew York Supreme Court · 1814
- E. H. Ogden Lumber Co. v. BusseAppellate Division of the Supreme Court of the State of New York · 1904
- Livingston v. HaywoodNew York Supreme Court · 1814
3Cited by6 opinions
- Carter v. Helmsley-Spear, Inc.District Court, S.D. New York · 1994
- Syracuse Savings Bank v. Onondaga Silk Co.New York Supreme Court · 1939
- Cottle v. WrightNew York Supreme Court · 1931
- Camden Trust Co. v. HandleNew Jersey Superior Court Appellate Division · 1941
- Odell v. BuckAppellate Division of the Supreme Court of the State of New York · 1957
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