Pope v. Cole
New York Supreme Court
APPEAL from a judgment rendered at a Special Term, on a trial before Justice Morgan, without a jury. On the 20th day of November, 1869, the plaintiff recovered judgment for $534.50 against Gfeorge Draper, as surviving partner of the late firm of Cole & Draper, Lewis K. Cole, one of said firm, having died. Execution was issued upon said judgment, and returned unsatisfied.
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APPEAL from a judgment rendered at a Special Term, on a trial before Justice Morgan, without a jury. On the 20th day of November, 1869, the plaintiff recovered judgment for $534.50 against Gfeorge Draper, as surviving partner of the late firm of Cole & Draper, Lewis K. Cole, one of said firm, having died. Execution was issued upon said judgment, and returned unsatisfied. Lewis K. Cole died in the spring of 1869, leaving a will, in and by which the defendant was created sole executrix. The will was duly proved, and letters testamentary issued to the defendant, prior to the ''commencement of…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
This case was correctly disposed of at the Special Term. The complaint, which was read on the trial, states that the defendant’s testator, L. K. Cole, deceased, and one Geo. Draper, were formerly partners in business, and as such became indebted to the plaintiff in the sum of $502.26, for goods sold, &c.; that Cole afterwards died; that the plaintiff had sued Draper, the surviving partner, for such debt, and duly recovered a judgment for $534.50, damages and costs; and that an execution in due form of law had been issued on such judgment, to the proper…
2Cases cited4 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Trustees of the Leake & Watts Orphan House v. LawrenceNew York Court of Chancery · 1844
- Richter v. . PoppenhausenNew York Court of Appeals · 1870
3Cited by2 opinions
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- In re GoughAppellate Division of the Supreme Court of the State of New York · 1898