Camp v. . Smith
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, made June 19, 1888, which reversed a judgment in favor of jtlaintiff, entered upon the report of a referee, and ordered a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. Mary Etta Camp, at and prior to the time when she received the notes from the defendant, had a claim against him personally.
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Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, made June 19, 1888, which reversed a judgment in favor of jtlaintiff, entered upon the report of a referee, and ordered a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. Mary Etta Camp, at and prior to the time when she received the notes from the defendant, had a claim against him personally. (Schmittler v. Simon, 101 N. Y. 554, 557, 558.) This individual obligation of the defendant, existing prior to the giving of. the notes to Mary Etta Camp, has…
1Opinion of the Court
Ruger, Ch. J.
This action was brought and tried upon the theory that the defendant, while being an executor, became personally indebted to the plaintiff’s testatrix, his co-executor, for the payment of certain legacies made to such testatrix by William Smith in his last will.
William Smith died in the fall of 1875, leaving a last will and testament wherein he appointed the defendant executor and the plaintiff’s testatrix executrix of such will; and they each accepted their appointments and qualified therefor. By the will the testator directed his executor to dispose of certain real estate in…
2Cited by11 opinions
- Villard v. . VillardNew York Court of Appeals · 1916
- Starbird v. CranstonSupreme Court of Colorado · 1897
- In re the Estate of BlakeNew York Surrogate's Court · 1933
- In re the Estate of DenariNew York Surrogate's Court · 1937
- In re the Accounting of BandlerNew York Surrogate's Court · 1944
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