Flandrow v. Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Flandrow, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of October, 1896, reviving and continuing the action against Elenore B. Hammond, as executrix under the last will and testament of Henry B. Hammond, deceased, who was appointed such executrix by the Probate Court of Norfolk county, in the Commonwealth of, Massachusetts.
1Opinion of the Court
Williams, J.:
This action was brought to recover the consideration paid' for a judgment transferred by defendant to plaintiff, to which judgment defendant had no title. The answer was, in substance,, a general denial. A judgment was recovered in the action against the defendant. Before the time to appeal had expired the defendant died, and the executrix was appointed in the State of Massachusetts.
No ancillary letters were granted in this State. The foreign executrix thereupon made the motion resulting in the order appealed from. We think that the order was erroneously granted.
' The general…
2Cases cited6 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Doolittle v. LewisNew York Court of Chancery · 1823
- Hopper v. . HopperNew York Court of Appeals · 1891
- Johnson v. . WallisNew York Court of Appeals · 1889
- Vermilya v. BeattyNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Williams v. FischleinAppellate Division of the Supreme Court of the State of New York · 1911
- Burrowes v. GoodmanCourt of Appeals for the Second Circuit · 1931
- Estate of Thompson v. W. G. Coyle & Co.Supreme Court of Missouri · 1936
- Neuberger v. HartAppellate Division of the Supreme Court of the State of New York · 1943
5 more not listed; retrieve them via the Exa API.