Camp v. Smith
New York Supreme Court
Appeal from judgment on report of Hamilton Odell, Referee. This is an action by James W. Camp, as executor of Mary Etta Camp, against James W. Smith, to recover the balance of the legacy and distributive share to which said Mary Etta Camp was entitled under the will of her father, William Smith, after deducting certain payments' on account thereof. From a judgment for plaintiff on report of the referee defendant brings this appeal.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover from the defendant the sum of $14,230.18, moneys had and received by the defendant to and for the use of the plaintiff’s testatrix, and which the defendant promised to pay to said testatrix. It is true that the complaint contains various other allegations leading up to the one in question. But it is this allegation which has been supported by the referee in his report, and upon which the same was founded, and it is therefore not necessary to consider the other allegations contained in the complaint, which seem to be only allegations of evidence upon which is…
2Cited by10 opinions
- Villard v. . VillardNew York Court of Appeals · 1916
- In re the Estate of BlakeNew York Surrogate's Court · 1933
- In re the Estate of DenariNew York Surrogate's Court · 1937
- Camp v. . SmithNew York Court of Appeals · 1892
- In re the Accounting of BandlerNew York Surrogate's Court · 1944
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