Sanders v. . Soutter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 12, 1891, which affirmed a judgment dismissing plaintiffs complaint upon trial at Special Term upon the pleadings. The notice of the action and the allegation of the complaint, so far as material, sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 12, 1891, which affirmed a judgment dismissing plaintiffs complaint upon trial at Special Term upon the pleadings. The notice of the action and the allegation of the complaint, so far as material, sufficiently appear in the opinion. The release of the administratrix, with the will annexed of Robert Soutter, to the executors of James T. Soutter, and the order of the surrogate dismissing her petition thereon, are, so long as they remain in force, effectual bars to…
1Opinion of the CourtO’Brien, J.
On the trial of this action at the Special Term, the plaintiff’s complaint was dismissed, as to the defendants Agnes Gordon Soutter and William K. Soutter, as executrix and executor of the will of J ames T. Soutter, without taking any proof, but on motion of their counsel that the complaint did not state a cause of action against them. This appeal, therefore, renders it necessary for us to examine the complaint for the purpose of determining whether it was so defective in the allegation of facts as to warrant the trial court in disposing of the case upon a motion to dismiss, based upon an…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Wager v. . WagerNew York Court of Appeals · 1882
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Randall v. . Van WagenenNew York Court of Appeals · 1889
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3Cited by66 opinions
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- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Douglass v. . FerrisNew York Court of Appeals · 1893
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