Ahrens v. Moadinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Henry Moadinger, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 10th day of March, 1899, as resettled by an order entered in said clerk’s office on the 21st day of March, 1899, denying the defendant’s motion for a further bill of particulars.
1Opinion of the Court
Woodward, J.:
It appears from the pleadings in this action that prior to 1894 Frederica Moadinger, the mother of the defendant as well as of the plaintiffs, resided with the defendant; that she was possessed of a considerable sum of money which she loaned upon bond and mortgage and that she transacted other business, the defendant acting at times as her agent. Before her death Mrs. Moadinger left the home of the defendant and resided with one or both of the plaintiffs, and upon making her will the defendant was cut off from participation in her estate, the plaintiffs being made the executors…
2Cases cited2 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Cochrane Carpet Co. v. HowellsNew York Supreme Court · 1894
3Cited by1 opinion
- Messer v. AaronAppellate Division of the Supreme Court of the State of New York · 1905