Legal Opinion

Lahn v. Sullivan

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1906PublishedCited by 2 opinions

Appeal by. the plaintiff, Anna Evans Lahn, from an order of the Supreme Court, made at the Monroe.Trial Term and entered in the office of the clerk of the county of Monroe on the 3d day of October, 1904, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action.

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Appeal by. the plaintiff, Anna Evans Lahn, from an order of the Supreme Court, made at the Monroe.Trial Term and entered in the office of the clerk of the county of Monroe on the 3d day of October, 1904, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action. The action 'is brought to recover upon a bond given by the defendant Henry J. Sullivan and the other defendant, the American Surety- Company, upon the appointment of Sullivan as the administrator of the. estate of Rebecca B. Evans, such appointment having been made by the surrogate of Monroe…

1Opinion of the Court

Kruse, J.:

Rebecca B. Evans died intestate on the 28th day of July, 1895, leaving her surviving as her sole heirs at law- and next of kin Jane *671Evans, her mother, Bichará B. Evans, her brother, and two sisters, Jane E.. Collins and Anna Evans Lahn. The intestate was a resident of this State at the time of her death. Her mother, her brother and her sister Jane were residents of Ireland, and Anna Evans Lahn, her other sister, resided iii the city of Schenectady, in this State.

The defendant Henry J. Sullivan seems to have acted for the deceased as attorney in her lifetime, and in the October…

2Cases cited2 opinions

  1. Willcox v. SmithNew York Supreme Court · 1858
  2. Bank of New York National Banking Ass'n v. American Dock & Trust Co.New York Court of Appeals · 1894

3Cited by2 opinions

  1. Gaughan v. NickoloffNew York Supreme Court · 1961
  2. In re the Estate of HumpfnerNew York Surrogate's Court · 1938

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