Beach v. Reynolds
New York Court of Appeals
Appeal from, order of the- General. Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term directing this action, to be revived and continued upon supplemental complaint in the name of Henry B. Hewitt, administrator, with the will annexed, of plaintiff, deceased.
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Appeal from, order of the- General. Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term directing this action, to be revived and continued upon supplemental complaint in the name of Henry B. Hewitt, administrator, with the will annexed, of plaintiff, deceased. (Reported below, 64 Barb., 506.) This was a suit in equity commenced before the Code, to wit, June 28, 1848. The action was founded upon certain contracts and bonds between the parties, plaintiff asking to reform the bonds in case they should be considered by the court unintelligible, or not…
1Opinion of the CourtAllen, J.
The Supreme Court in passing upon the case affirms and very satisfactorily establishes the following propositions :
I. That the right of the representatives of a deceased party to continue an action pending at his death, is not *4an absolute legal right, but rests in the legal discretion of the court to which the application is made under section 121 of the Code, and that leave to continue, the action may be granted or refused according to the particular circumstances of each case.
2. That a long delay in making the application, unexcused, constitutes laches, and a valid reason for ° refusing the…
2Cases cited7 opinions
- Medbury v. . SwanNew York Court of Appeals · 1871
- Pendleton v. FayNew York Court of Chancery · 1831
- Greene v. BatesNew York Supreme Court · 1852
- Bornsdorff v. LordNew York Supreme Court · 1863
- Washington Insurance v. SleeNew York Court of Chancery · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Pringle v. . Long Island R.R. Co.New York Court of Appeals · 1898
- Stocking v. HansonSupreme Court of Minnesota · 1876
- Cavanaugh v. ScottWisconsin Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.