Barker v. Clark
New York City Court
Appeal from a judgment. Mary Ann Barker, as administratrix of Elijah C. Barker, brought this action against Lemuel B. Clark. The summons was for specific sums with interest. The complaint, after alleging plaintiff’s due appointment, residence, &c., set forth several causes of action, the statement of one of which, 'here, is sufficient to show all the questions raised.
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Appeal from a judgment. Mary Ann Barker, as administratrix of Elijah C. Barker, brought this action against Lemuel B. Clark. The summons was for specific sums with interest. The complaint, after alleging plaintiff’s due appointment, residence, &c., set forth several causes of action, the statement of one of which, 'here, is sufficient to show all the questions raised. It was alleged that one Sarah Rhone, before a day named, went into possession of a tenement, as tenant of plaintiff as administratrix, at an agreed quarterly rent; that at various times defendant represented to said Sarah that…
1Opinion of the Court
By the Court.—Neilson, J.*
The plaintiff, as the administratrix of the goods, &c., which were of her late husband, held a lease of a dwelling or tenement house in the city of New York, and let out portions thereof to tenants.
A judgment having been obtained against her personally, proceedings supplementary to execution were had, and Thomas Murphy was duly appointed the receiver of her property. The defendant represented the creditor in those proceedings, and served upon the tenants notices, signed by Mr. Murphy, requiring them to pay the rents to him. In that connection, the defendant stated to…
2Cases cited8 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Mowatt v. WrightNew York Supreme Court · 1828
- Franklin Bank v. RaymondNew York Supreme Court · 1829
- Cooke v. NathanNew York Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Duval v. BuschNew York Supreme Court · 1888