Smith v. Bach
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Queens County. Action by Martha A. Smith and others against Mary I. Bach and another. From an order denying plaintiffs’ motion for leave to serve supplemental complaint, they appeal.
1Opinion of the CourtGoodrich, P. J.
The complaint alleges that William R. Smith, now deceased, father of the plaintiff and the defendant Bach, in 1892 conveyed to the latter certain real estate at Rockaway Beach, known as the “Revere House,” on the agreement that she should hold said premises and collect the rents thereof for the joint benefit of herself and the plaintiff; that the father died intestate in 1900; and that the premises were leased to and were in possession of the defendant Weiss at a yearly rental of $1,200. It was not alleged how much rental Mrs, Bach had received, but it was alleged that accounting and payment…
2Cases cited1 opinion
- Continental Construction & Improvement Co. v. VinalNew York Supreme Court · 1888
3Cited by1 opinion
- Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1915