Meeks v. Meeks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edwin B. Meeks, as sole surviving ■executor of and trustee under the trusts created in and by the last will and testament of Joseph W. Meeks, Sr., deceased, from an ■order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings •on the 14th day of June, 1902, allowing the plaintiff to amend the summons and complaint in the action, and to issue a supplemental ■summons, the additional…
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Appeal by the defendant, Edwin B. Meeks, as sole surviving ■executor of and trustee under the trusts created in and by the last will and testament of Joseph W. Meeks, Sr., deceased, from an ■order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings •on the 14th day of June, 1902, allowing the plaintiff to amend the summons and complaint in the action, and to issue a supplemental ■summons, the additional persons therein named being made parties ■defendant.
1Opinion of the Court
Woodward, J.:
On the 17th day of May, 1900j the plaintiff brought a common-law action against the defendant for the recovery of $1,055.25, with interest from April 26, 1897, the date of the death of the plaintiff’s testator. Subsequently she amended her complaint, transforming it into an equitable action for an accounting from 1878, alleging that upwards of $15,000 remained unaccounted for and due the plaintiff. The action came on for trial at a Special Term for trials on the 1st of April, 1901, when defendant’s counsel moved to dismiss the complaint on the ground that, as the action was…
2Cases cited6 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Borrowe v. . CorbinNew York Court of Appeals · 1901
- Wheeler v. HallAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1909