Legal Opinion

Varnum v. Taylor

New York Supreme Court

Decided April 16, 1891PublishedCited by 3 opinions

Appeal from Monroe county court. Action by Jonas P. Yarnum, administrator with the will annexed of Charles J. Hayden, deceased, against James W. Taylor. Plaintiff appeals from a judgment for defendant entered on the dismissal of the complaint at the trial. For former report, see 7 N. Y. Supp. 313.

1Opinion of the CourtMacomber, J.

The plaintiff, who is the administrator with the will annexed of Charles J. Hayden, deceased, brings this action to recover a balance due the estate which he represents, arising out of dealings of the executors appointed by the will. One of the executors, Charles A. Hayden, was empowered by his associates to manage the business which had previously been conducted by the testator, and which, by the terms of the will, the executors were authorized to continue, in their discretion, after the decease of the testator. The indebtedness of the defendant was incurred between the 20th and 30th of…

2Cases cited19 opinions

  1. Wright v. . WrightNew York Court of Appeals · 1873
  2. The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
  3. Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
  4. Nelson v. . EatonNew York Court of Appeals · 1863
  5. Christopher & Tilton v. MayorNew York Supreme Court · 1852

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3Cited by3 opinions

  1. Simon v. TrummerOregon Supreme Court · 1910
  2. Palmer v. RoodsAppellate Division of the Supreme Court of the State of New York · 1906
  3. Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911

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