Clason v. Baldwin
New York Supreme Court
Appeal from judgment on report of referee. Action by Josephine F. Clason and another as executors of William Jones Clason, deceased, against Elizabeth S. Baldwin, as executrix of George R. Baldwin, deceased. For former report, see 9 H. Y. Supp. 609.
1Opinion of the CourtBrady, J.
This action was brought against the defendant, as the executrix of her husband, who was the assignee of a lease demising the premises No. 42 Sheriff street, in the city of New York. The facts found by the referee establish her liability prima facie, and the second conclusion of law found by the referee is that the plaintiffs, as executors, are entitled to judgment against the defendant, omitting her designation as executrix. Section 1022 of the Code provides “that the decision of the court or report of the referee, upon the trial of the whole issues, must state separately the facts found and…
2Cases cited1 opinion
- Putzel v. ShulhoffThe Superior Court of the City of New York and Buffalo · 1890
3Cited by2 opinions
- In re Baldwin's EstateNew York Supreme Court · 1895
- In re the Judicial Settlement of the Account of BaldwinNew York Surrogate's Court · 1899