Reilly v. Provost
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Reilly, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 7th day of November, 1902, upon the verdict of a jury, rendered by direction of the court, after a trial at the Queens County Trial Term, dismissing the complaint upon the merits.
1Opinion of the Court
WoonwAim, J.:
The plaintiff is one of the executors of the will of one Jacob Michel, Charles Michel, a defendant, being the other executor, and being made a defendant because of his refusal to join in the action. Ho relief is demanded against him. Andrew J. Provost, the actual defendant, was the attorney for Reilly and Michel, as executors under the will of Jacob Michel. The executors, acting under a power of sale contained in the will, sold the real estate constituting the estate of the decedent, and the proceeds of such sale, $7,000, were paid over to Provost as the attorney of such…
2Cases cited3 opinions
- Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901
- Nesbit v. JencksAppellate Division of the Supreme Court of the State of New York · 1903
- Carrington v. . Florida Railroad Co.New York Court of Appeals · 1873