Legal Opinion
In re the Accounting of Wheeler
New York Surrogate's Court
Decided January 23, 1948PublishedCited by 2 opinions
1Opinion of the Court
Boylan, S.
This is an application by an alleged creditor for a compulsory accounting. The claim arises by reason of the alleged failure of the decedent to remove a sunken deck scow from land under water at the foot of Van Street in the Borough of Bichmond. The claim is for damages to the real property, including the cost of removing the scow. The executrix contends that the matter sounds in admiralty and that therefore the court is without jurisdiction. Section 40 of the Surrogate’s Court Act is the authority for the general jurisdiction of the Surrogate’s Court. The general grant of…
2Cases cited18 opinions
- Richardson v. HarmonSupreme Court of the United States · 1911
- Cleveland Terminal & Valley Railroad Co. v. Cleveland Steamship Co.Supreme Court of the United States · 1908
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
- Johnson v. Chicago & Pacific Elevator Co.Supreme Court of the United States · 1886
- Martin v. WestSupreme Court of the United States · 1911
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3Cited by2 opinions
- Singer Hosiery Mills of New York, Inc. v. Cunard White Star, Ltd.City of New York Municipal Court · 1951
- Francosteel Corp. v. N. v. Nederlandsch AmerikaanscheCalifornia Court of Appeal · 1967