Towner v. Tooley
New York Supreme Court
APPEAL from an order of the special term, overruling a demurrer to the complaint. The complaint contained three counts. The facts alleged in the complaint are stated in the opinion of the court.
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APPEAL from an order of the special term, overruling a demurrer to the complaint. The complaint contained three counts. The facts alleged in the complaint are stated in the opinion of the court. The administratrix of Fimbria Tooley, and George Thomson, administrator of Bichard Tooley, two of the defendants, demurred to the whole complaint, and assigned seven grounds of demurrer: 1. That the surety of an administrator on his hond cannot he joined with the administrator or his' representa tive, nor with the administrator of the original testator, in a suit to compel an accounting, hut an…
1Opinion of the CourtMullin, J.
This action is brought to recover of the defendants, as administrators, the amount of two legacies bequeathed by Jeremiah Tooley, deceased, to his daughters Florida and Hannah. The plaintiff is the husband of Florida, and claims to recover her legacy, as owner, by virtue of his marital rights, and Hannah has assigned to him her right of action for her legacy. There are two counts in the complaint, one on each legacy. They are alike, except in the allegation relating to the right in which the plaintiff claims to recover. By the will of the testator provision is first made for his wife, then…
2Cases cited8 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Piggot v. MasonNew York Court of Chancery · 1829
- McLachlan v. McLachlanNew York Court of Chancery · 1842
- Dodge v. ManningNew York Court of Chancery · 1844
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3Cited by6 opinions
- Porter v. JacksonIndiana Supreme Court · 1884
- Gage v. CaraherIllinois Supreme Court · 1888
- Larkin v. MannNew York Supreme Court · 1868
- Dyer v. ErvingNew York Surrogate's Court · 1882
- Gragg v. GraggNew York Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.