Legget v. . Pelletreau
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1913, affirming a judgment in favor of plaintiff entered upon the report of a referee, The nature of the action and the facts, so far as material, are stated in the opinion. The judgment must be reversed because it is not in conformity with the provisions of the Code of Civil Procedure. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1913, affirming a judgment in favor of plaintiff entered upon the report of a referee, The nature of the action and the facts, so far as material, are stated in the opinion. The judgment must be reversed because it is not in conformity with the provisions of the Code of Civil Procedure. (Code Civ. Pro. § 1815.) The liability against the defendant, Florence E. Pelletreau, in her individual capacity was fully pleaded, properly proven and legally found. (2 McAdam on Landl. &…
1Opinion of the CourtCollin, J.
The judgment here holds Florence E. Pelletreau as an individual and Florence E. Pelletreau as administratrix of the estate of Yennette F. Pelletreau, deceased, liable for the sum of rent accruing upon a lease of real estate between the plaintiff as lessor and the deceased as lessee, subsequent to the death of the lessee. The appellants assert that it is erroneous as to Florence E. Pelletreau as an individual, because no right of recovery against her was established by the findings.
A finding is: “ The defendant, Florence E. Pelletreau, took possession of the said lease and also took possession…
2Cases cited1 opinion
- Miller v. . KnoxNew York Court of Appeals · 1872
3Cited by4 opinions
- Smyth v. KaufmanCourt of Appeals for the Second Circuit · 1940
- In re the Estate of AdamsNew York Surrogate's Court · 1933
- Beatty v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1916
- Beatty v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1916