Paff v. Kinney
The Superior Court of New York City
. This was an appeal from, a judgment rendered at a special term in favor of the plaintiff, upon a demurrer to the complaint. . As the questions to be determined arose wholly upon the pleadings, it is deemed necessary to state them in extemo.
Read the full summary
. This was an appeal from, a judgment rendered at a special term in favor of the plaintiff, upon a demurrer to the complaint. . As the questions to be determined arose wholly upon the pleadings, it is deemed necessary to state them in extemo. The complaint is as follows : The complaint of the above named plaintiff against the above named defendant, in above entitled action, respectfully shows to this honorable court, That the father of the said plaintiff, Joseph De Lacroix, late of the city of New York, deceased, left a last will and testament, duly executed, signed, and witnessed, bearing…
1Opinion of the Court
By the Court.
Bosworth, J.
This is an appeal from a judgment at special term, overruling a demurrer to the complaint. The action was commenced on the 15th of February, 1851. The plaintiff sues as creditor of the estate of J. De Lacroix, deceased. The defendant is sued as an executor of said estate. The object of the action is to compel the defendant to account, as executor, for moneys for which he accounted in March, 1842, on a final accounting by him, then had as such executor. The theory of the action is, that certain of the moneys which the defendant then had as executor, for which he then…
2Cases cited4 opinions
- Hosack v. RogersNew York Court of Chancery · 1845
- Winne v. Van SchaickNew York Supreme Court · 1832
- People v. GuildNew York Supreme Court · 1847
- Holbrook v. WhiteNew York Supreme Court · 1835
3Cited by3 opinions
- Lawyers' Surety Co. v. ReinachAppellate Terms of the Supreme Court of New York · 1898
- In re the Estate of PostNew York Surrogate's Court · 1890
- Peyser v. WendtNew York Surrogate's Court · 1883