Seymour v. Spring Forest Cemetery Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martha E. Seymour, from portions of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 4th day of July, 1893, upon the report of a referee, as follows: First.
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Appeal by the plaintiff, Martha E. Seymour, from portions of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 4th day of July, 1893, upon the report of a referee, as follows: First. From that portion of the said judgment which limits the amount of recovery of damages entered in' said judgment to the sum of $14,613.69, plaintiff claiming that such amount should be increased by the addition'of $602.37, being the amount of interest on $2,504.64 from July 1, 1889, the date of the bringing of the action, to July 4, 1893,…
1Opinion of the Court
Merwin, J.:
The motion to dismiss the appeal will be first considered. The-grounds of the motion are (1) that the appeal was improperly taken,, and (2) that the plaintiff has waived her right to take or prosecute it..
The action was brought to enforce the collection of certain bonds-issued by the defendant corporation in 1855 and 1866. The defendants answered alleging, among other things, that the bonds were not. valid. The issues were by stipulation referred to a referee to hear,, try and determine: The referee decided that the bonds were valid, and that the plaintiff was entitled to an…
2Cases cited10 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Mills v. . MillsNew York Court of Appeals · 1889
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Knapp v. . BrownNew York Court of Appeals · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cass v. Realty Securities Co.Appellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Reardon v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903
- Wold v. League of the CrossCalifornia Court of Appeal · 1930
- Simon v. Socony-Vacuum Oil Co.New York Supreme Court · 1942
- Levine v. U. N. CleanersAppellate Division of the Supreme Court of the State of New York · 1957
2 more not listed; retrieve them via the Exa API.