Place v. . Hayward
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 7, 1889, .which affirmed a judgment in favor of defendant, entered on the report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 7, 1889, .which affirmed a judgment in favor of defendant, entered on the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. . This action was properly brought by the plaintiff in his representative capacity, and the complaint correctly charged that the moneys were received for the use of the executor. (Fry v. Evans, 8 Wend. 530 ; Cowell v. Watts, 6 East, 405 ; Buckland v. Gallup, 105 N. Y. 453 ; Root v. Taylor, 20…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiff, as sole acting executor of Susan A. Place, deceased, against the defendant to recover three sums of money alleged to have been received by him to and for the use of the plaintiff. One item was a sum of $10,000 and upwards alleged to have been received by him upon a bond and mortgage which came to the plaintiff as executor. The other two items, amounting-together to about $12,000, were alleged to have been received by him upon two endowment policies issued to the testatrix upon the life of her husband, James 3L Place, which became due subsequently to…
2Cases cited4 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Scofield v. . HernandezNew York Court of Appeals · 1872
3Cited by55 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Raabe v. . SquierNew York Court of Appeals · 1895
- Oakes Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Veazey v. . AllenNew York Court of Appeals · 1903
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