Union Bank v. . Mott
New York Court of Appeals
This was a motion to dismiss an appeal from the order of the Supreme Court, at general term, in the city of New York, affirming an order made at special term, denying a motion made by the plaintiff for leave to revive the action against the ' executrix of the will of Jacob H. Mott, deceased. ’ It appeared from the papers read on the hearing of the motion that the action was commenced in March, 1858, against Garret S. Mott and Jacob H. Mott, to recover ninety-six thousand…
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This was a motion to dismiss an appeal from the order of the Supreme Court, at general term, in the city of New York, affirming an order made at special term, denying a motion made by the plaintiff for leave to revive the action against the ' executrix of the will of Jacob H. Mott, deceased. ’ It appeared from the papers read on the hearing of the motion that the action was commenced in March, 1858, against Garret S. Mott and Jacob H. Mott, to recover ninety-six thousand dollars and upwards, which the defendants were charged with • having fraudulently overdrawn, between the first of January,…
1Opinion of the CourtSelden, J.
The defendants’ counsel insists that the original defendants were charged upon a joint liability, which survived against Garret S. Mott only, on the death of his oo-defendant, and that the action could not, for that reason, be revived against the representative of the deceased defendants. If the action were founded upon the joint liability of the defendants arising out of an implied contract on their part to return the money wrongfully obtained by them, which is the usual form of action in such cases, the position of the defendants’ counsel would be correct. (Voorhees v. Childs' Executor, 17…
2Cases cited2 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Gardner v. WalkerNew York Supreme Court · 1861
3Cited by21 opinions
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Scholey v. . HalseyNew York Court of Appeals · 1878
- International Shoe Co. v. HewittSupreme Court of Florida · 1936
- Reyer v. BlaisdellColorado Court of Appeals · 1914
- Arthur v. . GriswoldNew York Court of Appeals · 1875
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