Claim for a Ring of Van Slooten v. Dodge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1894, which affirmed a judgment in favor of claimant entered upon an order confirming the report of a referee. The nature of this proceeding and the facts, so far as material are stated in the opinion. There is no basis for the maintenance of this proceeding against the estate of the testator. (Godding v. Porter, 17 Abb.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1894, which affirmed a judgment in favor of claimant entered upon an order confirming the report of a referee. The nature of this proceeding and the facts, so far as material are stated in the opinion. There is no basis for the maintenance of this proceeding against the estate of the testator. (Godding v. Porter, 17 Abb. Pr. 374; Smith v. Patton, 9 Abb. [N. S.] 205; 2 R. S. chap. 6, tit. 3, art. 2, §§ 34-39; Code Civ. Pro. § 2718.) In any view of the facts,…
1Opinion of the CourtGray, J.
This respondent presented a claim against the executor of the estate of Harry E. Dodge, deceased, for a diamond ring of the value of not less than $500, which, she alleged, the testator had given to her and which, after his death, at the request of the executor, she had handed to him for inspection. She alleged that he had refused to return it to her, upon the ground that it belonged to the estate of the deceased. The executor disputed the validity of the claim and, upon his offer to refer the same, a reference was consented to and ordered. The referee reported in favor of the claimant. His…
2Cases cited1 opinion
- Wall v. . Kellogg's ExecutorsNew York Court of Appeals · 1857
3Cited by35 opinions
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Dodd v. . AndersonNew York Court of Appeals · 1910
- Bradley v. RoeNew York Court of Appeals · 1940
- Kirchner v. MullerNew York Court of Appeals · 1939
- Danielson v. RedenbaughSupreme Court of Iowa · 1943
30 more not listed; retrieve them via the Exa API.