Peters v. Peters
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Amelia Peters and .another, from an interlocutory judgment of the Supreme Court in favor of the defendant William H. Peters, entered in the office of the clerk of the county of Mew York on the 11th day of Movember, 1909, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the said defendant’s demurrer to the first and third causes of action in the amended complaint.
1Opinion of the Court
Miller, J.:
This complaint contains a jumble oí evidentiary facts and inferences, but I think that the ultimate facts necessary to sustain a cause of action may be spelled out of the first cause, of action *636attempted to be pleaded. The parties’ are brothers and ' sisters, the only surviving members of the family. It is averred, among other things, that prior to 18J6 the father conducted a general livery and stable business; that in that year, being in failing health, he turned the conduct of the business over to the other members of the family under-the management of the mother; that she gave…
2Cases cited2 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Rutherfurd v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Golland v. GollandNew York Supreme Court · 1914
- In re the Accounting of FrankenthalerNew York Surrogate's Court · 1955
- Markham v. TibbettsDistrict Court, S.D. New York · 1947