Fessenden v. Blanchard
New York Supreme Court
Appeal from special term, Kings county; Willard Bartlett, Justice. Action by James D. Fessenden, as ancillary administrator of Thomas W. Hillman, deceased, against Alvah S. Blanchard, James E. Ward, William H. T. Hughes, and Henry P. Booth, to recover two-sixteenths of the amount collected by the defendants other than Blanchard, as his assignees of a claim against the Spanish government for illegal seizure of a bark belonging to Blanchard, .a two-sixteenth interest in which,…
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Appeal from special term, Kings county; Willard Bartlett, Justice. Action by James D. Fessenden, as ancillary administrator of Thomas W. Hillman, deceased, against Alvah S. Blanchard, James E. Ward, William H. T. Hughes, and Henry P. Booth, to recover two-sixteenths of the amount collected by the defendants other than Blanchard, as his assignees of a claim against the Spanish government for illegal seizure of a bark belonging to Blanchard, .a two-sixteenth interest in which, it was alleged, he had sold to Killman. Killman was, at the time of his death, a resident of the state of Maine, and an…
1Opinion of the CourtBarnard, P. J.
The plaintiff is the ancillary administrator of Thomas W. Killman, deceased. Killman was a resident of the state of Maine, and letters of administration were issued there to Thomas P. Shute. The plaintiff, as an ancillary administrator, has brought this action to enforce a claim against the defendant. The defendant appeared at special term to obtain security for costs. The application was denied, and this appeal is brought. The plaintiff is not a non-resident of the state, and therefore does not come within the enactment in the Revised Statutes, and now contained in section 3268 of the Code.…
2Cited by3 opinions
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
- Caccavo v. Rome, Watertown & Ogdensburg RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Kokomo Straw Board Co. v. SachsNew York Supreme Court · 1889