Fullerton v. Northern Bank
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Walter A. Fullerton, as administrator, and by the defendant, The Northern Bank of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1916, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Laughlin, J.:
The action was commenced May 23, 1910, by F. Augustus Heinze. Issue was joined by the service of an amended answer to an amended complaint on June 28, 1914. At that time the defendant was in liquidation, having been taken over by the State Superintendent of Banks, and the answer was verified by a Special Deputy Superintendent of Banks. After issue had been so joined and on the 4th of November, 1914, Mr. Heinze died. His administrator was duly substituted, but the issues came on for trial as thus joined before his death, and for brevity he is referred to as the plaintiff. The…
2Cases cited2 opinions
- Gandy v. . CollinsNew York Court of Appeals · 1915
- Gandy v. CollinsAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- In re the Estate of KiamieNew York Court of Appeals · 1955
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Supreme Court · 1918