Legal Opinion · Dissent

Saperstein v. Ullman

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900Published

Appeal by the defendant, Moyer Ullman, as executor, etc., of Amelia Ullman, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in .the office of the clerk of the county of Jefferson on the 24th day of October, 1899, upon the report of a referee.

1Dissent

McLennan, J. (dissenting):

The action was commenced on the 31st day of January, 1899, to recover for goods alleged to have been sold and delivered by the plaintiff to the defendant, as executor, between the 1st day of August and the 10th day of September, 1898, at the agreed price and value of $114.13. The value of the goods, the sale and delivery to the defendant, as executor, and that no part of the purchase price has been paid, is admitted, and none of the other facts are in dispute.

Amelia Oilman died in August, 1887, leaving a last will and testament, which was duly probated, and of which…

2Cases cited2 opinions

  1. Willis v. . SharpNew York Court of Appeals · 1889
  2. Dexter v. DexterAppellate Division of the Supreme Court of the State of New York · 1899

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