Blood v. Kane
New York Court of Appeals
Appeal from a judgment entered upon an order of the general term of the supreme court in the fifth judicial department, affirming judgment of the Chautauqua county court entered on report of a referee. The complaint contained two counts. The first was for furnishing casket and hearse and preparing the body of the defendant’s deceased husband for burial and attending it for that purpose at the defendant’s request.
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Appeal from a judgment entered upon an order of the general term of the supreme court in the fifth judicial department, affirming judgment of the Chautauqua county court entered on report of a referee. The complaint contained two counts. The first was for furnishing casket and hearse and preparing the body of the defendant’s deceased husband for burial and attending it for that purpose at the defendant’s request. And second, for taking charge of and attending the burial of the body of the defendant’s deceased brother at her request The defendant alleged by way of counterclaim that the…
1DissentBradley, J.
(dissenting).—There was no controversy about, the plaintiff’s claim for furnishing casket and hearse for attending the burial of the body of the defendant’s deceased husband, and for services in the burial of the body of her brother.
The questions for consideration arose upon exceptions taken to> the exclusion of evidence offered in support of the matters alleged as counterclaim. The defendant’s husband left his will by which, after payment of his debts, he devised and bequeathed all his estate, real and personal, to her, and nominated her to be executrix. The will was admitted to probate-and…
2Cases cited7 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Tifft v. . PorterNew York Court of Appeals · 1853
- Giddings v. . SewardNew York Court of Appeals · 1857
- Barlow v. . MyersNew York Court of Appeals · 1876
- Buckland v. . GallupNew York Court of Appeals · 1887
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