Harrington v. Libby
New York Court of Common Pleas
Appeal by defendant from a judgment of this court, entered on an order of this court, made at special term by Hon. Hamilton W. Eobinson, confirming the report of Thomas H. Landon, Esq., as referee in an accounting had before him.
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Appeal by defendant from a judgment of this court, entered on an order of this court, made at special term by Hon. Hamilton W. Eobinson, confirming the report of Thomas H. Landon, Esq., as referee in an accounting had before him. The action was originally commenced by Harriet E. Christy, as administratrix of Edwin P. Christy, deceased, against the defendant, to compel him to account as collector of the estate of the said Edwin P. Christy, appointed by the surrogate of the county of New York, pending a contest over the right of the plaintiff to be administratrix. The defendant interposed a…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The obligation of the defendant to account in this action, was decided upon the trial of it before Judge Barrett. The objection was there made that an accounting had been regularly instituted before the surrogate, and that his decree in that proceeding was conclusive, and binding alike upon the administrator and the collector, the defendant in the present action. Judge Barrett found, as matter of fact, that there was no accounting before the surrogate when this action was commenced, and no accounting afterwards, because the accounting relied upon was ex parte,…
2Cases cited29 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Innes v. LansingNew York Court of Chancery · 1839
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Mitchell v. BunchNew York Court of Chancery · 1831
- Willcox v. SmithNew York Supreme Court · 1858
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3Cited by6 opinions
- Angier v. HagerAppellate Division of the Supreme Court of the State of New York · 1899
- U. S. Trust Co. v. BixbyNew York Surrogate's Court · 1884
- United States Life Ins. v. JordanNew York Supreme Court · 1887
- In re MapesNew York Surrogate's Court · 1887
- In re the Estate of MeyerNew York Surrogate's Court · 1884
1 more not listed; retrieve them via the Exa API.