Martin v. Dry Dock, East Broadway & Battery Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of ¡Nicholas Martin, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 10, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of ¡Nicholas Martin, plaintiff’s intestate. The letters of administration issued to plaintiff were offered in evidence; in the body thereof in the clause granting power was inserted the following, “ with the limited power expressed in the margin.” Upon the margin was written the following : “ These…
1Opinion of the Court
Her Curiam.
The letters of administration issued to the plaintiff in this case contained a limitation, which was written on the margin, limiting the power of the administratrix to prosecute only and not giving her power to collect or compromise.
The limitation .referred to was not, at the time of granting the letters, expressly authorized by any statute of this State, but, with this exception, the letters were in the usual form of those issued to an administrator and conferred the usual powers granted to such officer for the purpose of enabling h,im to discharge the duties thereby imposed.…
2Cases cited1 opinion
- Dubois v. SandsNew York Supreme Court · 1864
3Cited by15 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- In re Letters of Administration Upon the GoodsNew York Surrogate's Court · 1911
- In re the Estate of MatthewsNew York Surrogate's Court · 1912
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