Legal Opinion

Miller v. Morton

New York Supreme Court

Decided October 16, 1895PublishedCited by 3 opinions

Appeal from judgment on report of referee. Action by Benjamin 0. Miller against Fidelia B. Morton, Jennie M. Cary, and Edward H. Vick, as administrator of Helen M. Vick, deceased. There was a judgment in favor of plaintiff, and defend- . ants appeal. Reversed.

1Opinion of the CourtBradley, J.

John Morton died, intestate, in March, 1883, leaving, him surviving, the defendant Fidelia R. Morton, his widow, the defendant Jennie M. Gary, and Helen M. Vick, the intestate of the defendant administrator, his children and next of kin. In August, 1883, two judgments were entered against Morton, for $219.01 and $374.02 damages and costs, upon verdicts rendered against him prior to his death in favor of one Northrup. Those judgments, through mesne transfers, were assigned to the plaintiff, who brought this action in May, 1894, against the defendants, as the surviving wife and next of kin of…

2Cases cited4 opinions

  1. Patterson v. . PattersonNew York Court of Appeals · 1875
  2. O'Conner v. . GiffordNew York Court of Appeals · 1889
  3. Wood v. VandenburghNew York Court of Chancery · 1837
  4. Rogers v. KingNew York Court of Chancery · 1840

3Cited by3 opinions

  1. In re the Estate of YoungNew York Surrogate's Court · 1915
  2. Mertens v. RocheAppellate Division of the Supreme Court of the State of New York · 1899
  3. Weiss v. LeichterAppellate Terms of the Supreme Court of New York · 1909

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