Legal Opinion

Brater v. Hopper

New York Supreme Court

Decided April 13, 1894PublishedCited by 6 opinions

Appeal from special term, Hew York county. Action by Mary P. Brater against Annie I. Hopper and others for an accounting. From an interlocutory and final judgment in favor of plaintiff, defendant Addison F. Andrews appeals. Reversed.

1Opinion of the CourtVan Brunt, P. J.

“Impressed with the abstract justice of the plaintiff’s demand, and with a conviction, in which we all share, that somebody is and should be responsible to her for the restoration of her property,”1 this action seems to have been commenced without any definite idea of how the end sought for was to be obtained, or as to who was to be made to respond. Upon examination of the findings as contained in the record, it would seem that no real cause of action is disclosed. It appears that the plaintiff was the only child of one William T. Devoe, who died in 1872, leaving a will,, dated the 7th of…

2Cases cited1 opinion

  1. Potter v. . OgdenNew York Court of Appeals · 1893

3Cited by6 opinions

  1. Matter of RunkNew York Court of Appeals · 1911
  2. In re GueutalAppellate Division of the Supreme Court of the State of New York · 1904
  3. Forman v. YoungAppellate Division of the Supreme Court of the State of New York · 1915
  4. In re FedermanNew York Supreme Court · 1933
  5. Conkling v. WeatherwaxAppellate Division of the Supreme Court of the State of New York · 1904

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