Thorburn v. Mitchell
Appellate Division of the Supreme Court of the State of New York
■ Motion for reargument of an appeal by the plaintiff, Robert Henry Thorburn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of June, 1919, which in part and on certain terms and conditions granted plaintiff’s motion for an order directing that the action be revived and continued against the First National Bank of Port Arthur, Tex., as administrator, etc., and that said…
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■ Motion for reargument of an appeal by the plaintiff, Robert Henry Thorburn, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of June, 1919, which in part and on certain terms and conditions granted plaintiff’s motion for an order directing that the action be revived and continued against the First National Bank of Port Arthur, Tex., as administrator, etc., and that said bank be substituted as defendant in the place and stead of Dellora R. Gates, deceased, and that the title of the action be…
1Opinion of the Court
Page, J.:
The attorney for the respondent on this motion contends that the administrators with the will annexed of the estate of John W. Gates and of Charles G. Gates can only be brought into this action by the service of a supplemental summons and complaint. He was able to convince the court at Special Term of this necessity, and also that such service could only be made personally within the State. As the administrator with the will annexed in each instance was the First National Bank of Port Arthur, Tex., this was tantamount to holding that there was no way in which the court could retain…
2Cases cited7 opinions
- Brown v. Fletcher's EstateSupreme Court of the United States · 1908
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Slocum v. . EnglishNew York Court of Appeals · 1875
- German-American Coffee Co. v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1915
- Citizens' National Bank v. BangAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by1 opinion
- Gould v. GouldNew York Supreme Court · 1923