Cullen v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Annie Cullen and others, as executrices, and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of April, 1917, staying the trial herein until plaintiffs bring in the representative of Margaret Phillips, named as a defendant but not served, who died about the time of the commencement of the action.
1Opinion of the Court
Laughlin, J.:
This action arose out of a controversy with respect to the distribution of the assets of the estate of Peter N. Phillips in the Surrogate’s Court of Queens county. Three judgments had been recovered against Phillips; one on the 18th of June, 1896, by Mary McDonough, another on the 28th of January, 1898, *10by John Cullen, deceased, whose representatives are parties plaintiff, and a third by the firm of Smith & Howland, represented by the surviving partner as plaintiff herein, on the 14th of March, 1899. The payment of the first judgment will exhaust the assets. The owners of the…
2Cases cited6 opinions
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Cook v. LakeAppellate Division of the Supreme Court of the State of New York · 1900
- Bierschenk v. KingAppellate Division of the Supreme Court of the State of New York · 1899
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