Legal Opinion

Vaughn v. Strong

New York Supreme Court

Decided November 22, 1892PublishedCited by 1 opinion

Appeal from special term, Washington county. Thomas S. Vaughn and Nancy L. Vaughn each presented a claim to Mary M. Strong, administratrix of the estate of Thomas J. Strong, deceased, for money had and received by the decedent in his lifetime. Each claim was rejected by the administratrix, and a reference was had under the statute. There was á judgment for plaintiff on each claim on the report of the referee, which was confirmed by the special term.

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Appeal from special term, Washington county. Thomas S. Vaughn and Nancy L. Vaughn each presented a claim to Mary M. Strong, administratrix of the estate of Thomas J. Strong, deceased, for money had and received by the decedent in his lifetime. Each claim was rejected by the administratrix, and a reference was had under the statute. There was á judgment for plaintiff on each claim on the report of the referee, which was confirmed by the special term. From an order allowing costs against defendant, she appeals. Reversed. For decision on appeal from judgment, see 21 N. Y. Supp. 550. For former…

1Opinion of the CourtMayham, P. J.

This is an appeal from an order of a special term of this court, allowing costs against the defendant, as administratrix, in each of the above special proceedings. The proceedings arose out of claims presented by the plaintiff to the administratrix against the estate of the intestate, which were rejected by the administratrix, and referred under the statute. On the first trial before the referee the report was in favor of the defendant, and from the judgment entered thereon an appeal was taken, and the judgment reversed on the ground of error committed by the referee in the admission of…

2Cases cited3 opinions

  1. Nicholson v. ShowermanNew York Supreme Court · 1831
  2. Bailey v. SchmidtNew York Supreme Court · 1888
  3. Hallock v. BaconNew York Supreme Court · 1892

3Cited by1 opinion

  1. Henning v. MillerNew York Supreme Court · 1894

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