Flagg v. Fisk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Almira G. Fisk and another, as administrators, etc., of Henry G. Fisk, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 28tli day of December, 1903, upon the verdict of á jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of January, 1904, denying the defendants’ motion for a new trial made upon the…
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Appeal by the defendants, Almira G. Fisk and another, as administrators, etc., of Henry G. Fisk, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 28tli day of December, 1903, upon the verdict of á jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of January, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff is the daughter and sole heir at law and next of kin of her intestate. The action is brought to recover damages 'for the breach of a contract under seal. The contract was made on or about July 21, 1900, under the following circumstances: On and prior to June 9, 1900, the defendants’ intestate and Thomas J. Flagg were copartners, doing business- under the firm name of Fisk, Clarke & Flagg. On June 9, 1900, Thomas J. Flagg died, leaving him surviving the plaintiff, his widow; Emily Lee Flagg, his daughter, and Mortimer Kennedy Flagg, his son, his only heirs at law and…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Todd v. . WeberNew York Court of Appeals · 1884
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Cutler v. . WrightNew York Court of Appeals · 1860
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by4 opinions
- Utility Garage Corp. v. National Biscuit Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Raben v. Overseas Barters, Inc.New York Supreme Court · 1967
- Napier v. SpielmannNew York Supreme Court · 1907
- Tanenbaum v. Federal Match Co.Appellate Division of the Supreme Court of the State of New York · 1906