Seymour v. Spring Forest Cemetery Ass'n
New York Supreme Court
Appeal from judgment on report of referee. Action by Martha B. Seymour against the Spring Forest Cemetery Association and others. A reference was had by stipulation of the parties, and there was an order settling the form of an interlocutory judgment, from which order and a judgment for plaintiff, defendants appeal, and move for a new trial. In March, 1890, upon a stipulation, an order was entered referring the issues to Hon. F. R. Gilbert, to hear and determine.
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Appeal from judgment on report of referee. Action by Martha B. Seymour against the Spring Forest Cemetery Association and others. A reference was had by stipulation of the parties, and there was an order settling the form of an interlocutory judgment, from which order and a judgment for plaintiff, defendants appeal, and move for a new trial. In March, 1890, upon a stipulation, an order was entered referring the issues to Hon. F. R. Gilbert, to hear and determine. November, 1890, Erasmus D. Robinson died, and the parties stipulated that the action proceed without bringing in his…
1Opinion of the CourtHardin, P. J.
Plaintiff in her complaint sets out several bonds alleged to have been issued by the corporation defendant, of which she has become ■the owner, and “entitled to all the moneys and rights secured by said bonds;” and she alleges that no accounting has been rendered to the holders of • the bonds of the income and receipts of the Spring Forest Cemetery Association since July 1,1878, although a demand has often been made therefor in behalf of the owners of the bonds; and she alleges that Erasmus D. Bobinsou, Tracy B. Morgan, Job H. Congdon, Benjamin Devoe, Edward B. Stephens, Alonzo C. Matthews,…
2Cases cited13 opinions
- Butts v. . WoodNew York Court of Appeals · 1867
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- Barnes v. . BrownNew York Court of Appeals · 1880
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
- Matter of Estate of StrautNew York Court of Appeals · 1891
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3Cited by2 opinions
- Garczynski v. RussellNew York Supreme Court · 1894
- Manning v. ManningNew York Supreme Court · 1895