Hood v. . Hayward
New York Court of Appeals
Cross-appeals from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made May 14,1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff appealed from so much of the judgment as refused to allow interest from August 1, 1875, or October 1, 1878. The defendant Hayward appealed from the whole judgment.
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Cross-appeals from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made May 14,1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff appealed from so much of the judgment as refused to allow interest from August 1, 1875, or October 1, 1878. The defendant Hayward appealed from the whole judgment. There was no appeal on the part of the defendant Frederick H. Hood. This action was brought on a bond executed by the defendants Hood, Hayward and one David Moffat…
1Opinion of the CourtBradley, J.
In 1864 the will of Andrew Hood, deceased, was admitted to probate, and letters testamentary were issued to the plaintiff and the defendant Frederick Hood; and the latter being a non-resident of this state, gave bond in which the defendant Hayward and David Moffat joined as sureties. The executor Hood.was afterwards charged with devastavit, and in 1883 his letters were revoked. On July 31, 1885, in a proceeding before the surrogate, instituted by petition of the plaintiff, a decree was made directing him to pay to her as such executrix the sum of $31,100. This action- was afterwards brought…
2Cases cited2 opinions
- Sperb v. . McCounNew York Court of Appeals · 1888
- People v. GuildNew York Supreme Court · 1847
3Cited by22 opinions
- Carey v. BilbyCourt of Appeals for the Eighth Circuit · 1904
- Whittemore v. Judd Linseed & Sperm Oil Co.New York Court of Appeals · 1891
- City of Syracuse v. RoscoeNew York Supreme Court · 1910
- Wanamaker v. PowersAppellate Division of the Supreme Court of the State of New York · 1905
- The AdourDistrict Court, D. Maryland · 1927
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