Legal Opinion

In re Blackford

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1898PublishedCited by 4 opinions

Appeal from order of surrogate, Kings county. Application of Eugene Gt. Blackford for payment of a joint judgment out of the separate estate of Edward B. Bartlett, deceased. There was an order granting the application, and Mary H. N. Bartlett, executrix, appeals.

1Opinion of the CourtCullen, J.

The judgment debtors were partners, under the firm name of E. B. Bartlett & Co. The action in which the judgment was recovered was brought against those persons and one Smith, the health officer of the port of New York, for damages by reason of the wrongful taking and detention qf certain property, to obtain the possession of which the plaintiffs were required to pay, under protest, a sum of money. Lockwood v. Bartlett, 130 N. Y. 340, 29 N. E. 257. The judgment was assigned to the petitioner. After its rendition, the defendant Bartlett died. Subsequently, the firm being insolvent, the…

2Cases cited9 opinions

  1. Sessions v. JohnsonSupreme Court of the United States · 1877
  2. Wilder v. KeelerNew York Court of Chancery · 1831
  3. Meech v. . AllenNew York Court of Appeals · 1858
  4. Roberts v. . JohnsonNew York Court of Appeals · 1874
  5. In Re the Judicial Settlement of the Estate of GrayNew York Court of Appeals · 1888

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3Cited by4 opinions

  1. Reynolds v. New York Trust Co.Court of Appeals for the First Circuit · 1911
  2. In re CoeCourt of Appeals for the Second Circuit · 1910
  3. In re CoeDistrict Court, S.D. New York · 1909
  4. Phillips v. MendelsohnAppellate Terms of the Supreme Court of New York · 1910

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