Baker v. Moore
New York Supreme Court
Appeal from judgment on report of referee. Claim by Susan Baker against William Moore, executor of Abel Scripture, deceased, referred under the statute. Judgment was entered in favor of defendant, and plaintiff appeals.
1Opinion of the CourtFursman, J.
In June, 1890, a claim against the estate of Abel Scripture, deceased, was presented by the plaintiff to the executor of his last will, and by him rejected. Thereafter, in due course, the matter was referred by the surrogate. The plaintiff presented her evidence in full before the referee, and at the close thereof a motion was made on behalf of the executor to “dismiss the claim and nonsuit the plaintiff, on the m'erits” on five several grounds. Thereupon the reféree granted the motion, and made and filed his dec! sion as follows (after the usual formal statements):
“I do order, decide, and…
2Cases cited4 opinions
- Wood v. . LaryNew York Court of Appeals · 1891
- MacNaughton v. . OsgoodNew York Court of Appeals · 1889
- Nobis v. PollockNew York Supreme Court · 1889
- Gilman v. Augustus PrenticeNew York Court of Appeals · 1892
3Cited by1 opinion
- Sprague v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902