Mundt v. Glokner
Appellate Division of the Supreme Court of the State of New York
Appeal by Sigmund M. Mundt, as administrator de bonis non of Martin M. Mundt, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of April, 1897, upon the dismissal of the coinplaint upon the merits by direction of the court after a trial at the New York Trial Term ; also from an order entered in said clerk’s office on the 5th day of April, 1897, denying the plaintiff’s motion…
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Appeal by Sigmund M. Mundt, as administrator de bonis non of Martin M. Mundt, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of April, 1897, upon the dismissal of the coinplaint upon the merits by direction of the court after a trial at the New York Trial Term ; also from an order entered in said clerk’s office on the 5th day of April, 1897, denying the plaintiff’s motion to set aside the direction of the court dismissing the complaint; also from an order entered in said clerk’s office on…
1Opinion of the Court
Patterson, J.:
This action was originally brought by Edward M. Mundt, as administrator, to recover damages under the statute for the death of his intestate, alleged to have been caused by the negligence or fault *111of the defendant. It appeared in evidence that Edward M. Mundt was also the father of the deceased, and it was assumed that any recovery in the action would, of necessity, belong to him exclusively under the Statute of Distributions. Edward M. Mundt died, and the action was, by order, revived in the name of the present plaintiff as " administrator de bonis non, etc., of the decedent.…
2Cases cited1 opinion
- Stuber v. . McEnteeNew York Court of Appeals · 1894
3Cited by11 opinions
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- In re the Estate of HolquinNew York Surrogate's Court · 1979
- In re the Judicial Settlement of the Account of MengNew York Surrogate's Court · 1916
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