Legal Opinion

Ulster County Sav. Inst. v. Fourth National Bank

New York Supreme Court

Decided December 11, 1889PublishedCited by 2 opinions

Appeal from circuit court, Albany county. Henry J. Burlington, a resident of the city of Kingston, in this state, died on or about February 28, 1876, in New Orleans, while temporarily residing there. At his death he had there in his possession scrip for 194 shares of the Crescent City Railroad Company, a corporation of Louisiana.

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Appeal from circuit court, Albany county. Henry J. Burlington, a resident of the city of Kingston, in this state, died on or about February 28, 1876, in New Orleans, while temporarily residing there. At his death he had there in his possession scrip for 194 shares of the Crescent City Railroad Company, a corporation of Louisiana. H. Joseph Budington, a son of deceased, on that day took possession at New Orleans of the personal property of deceased, including such scrip, and applied to the proper court in Louisiana for letters of administration. An inventory of the estate in Louisiana was…

1Opinion of the CourtLearned, P. J.

This is an action to recover an alleged balance of account. The defense is a counter-claim, and the questions in the case arise on the counter-claim. After issue joined, the defendant applied to the special term, in September, 1880, for the removal of the cause to the circuit court of the United States, southern district of Hew York, on the ground that the suit and matters in dispute arose under the laws of the United States. The motion was denied. 59 How. Pr. 482. On appeal by defendant, the order of denial was affirmed by the general term, in February, 1881. 24 Hun, 140. In June, 1881, on…

2Cases cited8 opinions

  1. Parsons v. . LymanNew York Court of Appeals · 1859
  2. Leather Manufacturers' Bank v. CooperSupreme Court of the United States · 1887
  3. Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
  4. Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
  5. Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876

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3Cited by2 opinions

  1. Dupont v. United StatesCourt of Appeals for the Second Circuit · 1936
  2. In re Ancillary Letters of Administration With the Will Annexed of McShaneNew York Surrogate's Court · 1911

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