Crippen v. Culver
New York Supreme Court
The complaint in this action was in the nature of a bill in equity. It stated that in the month of December, 1849, Henry Crippen was duly appointed by the county court of Saratoga county, a committee of the person and estate of Almon Crippen, he, the said Almon then and there being a lunatic, and having been previously adjudged a lunatic, by and under the direction of said court in due form of law.
Read the full summary
The complaint in this action was in the nature of a bill in equity. It stated that in the month of December, 1849, Henry Crippen was duly appointed by the county court of Saratoga county, a committee of the person and estate of Almon Crippen, he, the said Almon then and there being a lunatic, and having been previously adjudged a lunatic, by and under the direction of said court in due form of law. That the said Henry Crippen, in the same month of December, 1849, was duly qualified as such committee, and immediately thereafter took possession of the person and estate of the lunatic, in the…
1Opinion of the CourtC. L. Allen, J.
There is no allegation in' the complaint that the judgment was obtained upon a fraudulent or invalid consideration, or that the demand upon which it was founded was not a just one. It is not alledged or pretended that the defendant in that action had a good defense to it, of which he, the committee, could'not avail himself, by reason of fraud or accident, or by the act of the opposite party. The only allegation tending towards such an averment is, that the defendant “ intentionally concealed from the committee, the fact that the action was commenced.” There is no evidence to support that…
2Cases cited5 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- McKillip v. McKillipNew York Supreme Court · 1850
- In re HopperNew York Court of Chancery · 1835
- Hart v. DeamerNew York Supreme Court · 1831
- Faulkner v. M'ClureNew York Supreme Court · 1820
3Cited by11 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Ingersoll v. HarrisonMichigan Supreme Court · 1882
- Van Vooren v. CookNew York Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.