Thacher v. Hope Cemetery Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25,1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25,1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to account for and apply sufficient of the moneys received by it as one-lialf the proceeds of the sales of its cemetery lots, to redeem and discharge a certificate issued by it to plaintiff’s testator. A copy of said certificate and the facts, so.far as material, are set forth in the opinion.. The action…
1Opinion of the CourtEarl, J.
Otis Thacher died on the 14th day of March, 1868, leaving a will appointing the .plaintiff executor thereof. The will was admitted to probate on the sixth day of May thereafter, and letters testamentary thereon were then issued to the plaintiff. Many years afterward, on the 5th day of October, 1883, he brought this action to enforce the payment of the money mentioned in a certificate issued by the defendant, of which the following is a copy :
“ Hope Cemetery Association.
“Ho. 25..
“We certify that Otis Thacher has this day loaned to the Hope Cemetery Association Three Hundred Dollars. It is…
2Cases cited1 opinion
- Mills v. . MillsNew York Court of Appeals · 1889
3Cited by10 opinions
- Tyndall v. . Pinelawn CemeteryNew York Court of Appeals · 1910
- Whittemore v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1902
- Sullivan v. Mount Carmel Cemetery Assn.New York Court of Appeals · 1927
- Harris v. LykeAppellate Division of the Supreme Court of the State of New York · 1995
- Central Trust Co. v. Burke, Court of Common Pleas of Ohio, Franklin County, Civil Division1895
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