Belden v. . Meeker
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought to foreclose a bond and mortgage executed by defendants, James M. Osborne and Peter Wells to Samuel Hallett, president of the bank of Hornellsville.
Read the full summary
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought to foreclose a bond and mortgage executed by defendants, James M. Osborne and Peter Wells to Samuel Hallett, president of the bank of Hornellsville. The complaint sets out the bond and mortgage, alleges an assignment thereof to Charles Belden, the death of said Belden and the appointment of plaintiff as his administrator. Defendant, Meeker, was a grantee of the mortgaged…
1Opinion of the CourtFolger, J.
We are of the opinion that when the complaint alleges the death of the intestate, and the due and legal appointment of the plaintiff as the administrator of the estate, and the answer contains only a general denial of those allegations, the letters of administration in due form, produced in evidence, are sufficient to establish the representative character in which the plaintiff assumes to sue. (2 R. S., 80, §§ 56, 58 ; 2 Steph. N. P., 1904; Starkie on Ev., 9th Am. ed.. 394. 361: 3 Phil, on Ev.. *665. 548. 5th Am. ed.: Newman v. Jenkins, 10 Pick., 515; Jeffers v. Radcliffe, 10 N. H., 242; and see…
2Cases cited4 opinions
- Gillett v. CampbellCourt for the Trial of Impeachments and Correction of Errors · 1845
- Eno v. . CrookeNew York Court of Appeals · 1854
- Leavitt v. . BlatchfordNew York Court of Appeals · 1858
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by32 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Carroll v. . CarrollNew York Court of Appeals · 1875
- Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
- Chicago, Burlington & Quincy Railway Co. v. GouldSupreme Court of Iowa · 1884
- Dutcher v. . Importers Traders' Nat. BankNew York Court of Appeals · 1874
27 more not listed; retrieve them via the Exa API.