Benedict v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Amelia Ferguson, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of October, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling her demurrer to the ¡ilaintiff’s complaint. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hatch, J.:
The complaint in this case is sufficient to resist the demurrer. Its averments are that the plaintiff is an undertaker; that, as such, he buried the body of defendant’s brother, furnished a casket and other necessary materials, performed services and expended moneys in connection with the burial, all of which was necessary and reasonably worth the sum of $247.25; that thereafter letters of administration were issued upon the estate of the deceased to the defendant in the action; that she duly qualified as administratrix and received assets of the estate in excess of the sum of $800;…
2Cases cited4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Lucas v. HessenNew York Court of Common Pleas · 1885
- Murphy v. NaughtonNew York Supreme Court · 1893
3Cited by2 opinions
- Patterson v. BuchananAppellate Division of the Supreme Court of the State of New York · 1899
- Riley v. WallerNew York Supreme Court · 1897