Feit v. Holzapfel
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment entered in the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of the defendant, dismissing the plaintiff’s complaint.
1Opinion of the CourtLehman, J.
The plaintiff herein sued the defendant to recover the sum of $355.20 which the defendant’s deceased wife owed to the plaintiff before her death. The complaint sufficiently sets forth a cause of action against the deceased wife or her estate and contains an allegation that the defendant’s wife died intestate, and that her husband, the defendant herein, has not applied for and has not taken out any letters of administration on the estate of his deceased wife. The case was called for trial. The defendant admitted all the allegations of the complaint and moved for a dismissal of the complaint,…
2Cases cited2 opinions
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Herzog v. MarxNew York Supreme Court · 1908
3Cited by2 opinions
- In re the Estate of BurtNew York Surrogate's Court · 1936
- Conlon v. Union Dime Savings BankAppellate Division of the Supreme Court of the State of New York · 1921