Legal Opinion

In re Malcom

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1908PublishedCited by 7 opinions

Appeal by Mortimer E. Joiner from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of August, 1908, as directs him to pay to the committee of the estate of Louisa Malcom Stenton the sum of $250.

1Opinion of the Court

Clarke, J.:

The plaintiff is the committee of the person and property of Louisa Malcom Stenton, an incompetent person. He began a suit, Malcom, v. Gibson et al., in which two women, Brewster and Stewart, were named as defendants. Before this action was instituted Mrs. Stenton, who had not then been adjudged incompetent, had begun an action against some of the same defendants. *227That suit was entitled Stenton v. Gibson, and in January or February, 1907, an application upon behalf of Nellie Brewster was made by an attorney, Mr. Mortimer E. Joiner, for leave to intervene in that case, and the…

2Cases cited4 opinions

  1. In re Shawmut Mining Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. Post v. ScheiderNew York Supreme Court · 1891
  3. Walton v. FairchildCity of New York Municipal Court · 1889
  4. In re Edward Ney Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by7 opinions

  1. Falkenhainer v. FalkenhainerNew York Supreme Court · 1950
  2. Tierney v. FlowerAppellate Division of the Supreme Court of the State of New York · 1969
  3. In re TrainorAppellate Division of the Supreme Court of the State of New York · 1911
  4. In Re IllidgeOregon Supreme Court · 1939
  5. Hyman v. Corgil Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914

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