Painter v. Kaiser
Nevada Supreme Court
AppeaXj from tbe District Court of tbe Second Judicial District of tbe State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Fannie Painter against Emma Kaiser. From a judgment for defendant, plaintiff appeals.
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AppeaXj from tbe District Court of tbe Second Judicial District of tbe State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Fannie Painter against Emma Kaiser. From a judgment for defendant, plaintiff appeals. Statement of Facts, Taijbot, J.: This is an appeal from an order sustaining a demurrer to a complaint, entitled in tbe Second Judicial District Court, against the defendant individually, and not as executrix, and containing the following allegations: "That on the 5th day of November, 1901, the following agreement was made and entered into at Reno, Nevada, between plaintiff and…
1Opinion of the Court
By the Court,
Talbot, J:
The two matters for our determination are whether the defendant is liable individually on a contract made by her personally, and before her appointment as executrix, by which she agreed that after her appointment she would, without any decree of distribution, pay to the plaintiff, and the other legatees named in the will, the amount of their respective proportions of any money which might come into her hands in excess of $5,000; and, if she is so responsible, the question arises, secondly, whether the plaintiff in this action can recover on the contract set out in the…
2Cases cited14 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Myer v. ColeNew York Supreme Court · 1815
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Acoustics, Inc. v. American Surety Co. of New YorkNevada Supreme Court · 1958
- Olson v. IacomettiNevada Supreme Court · 1975
- Stephens v. First National Bank of NevadaNevada Supreme Court · 1948
- Quijada v. Southern Pipe & Casing CompanyNevada Supreme Court · 1962
- Esden v. KaiserNevada Supreme Court · 1904