Simmons v. Eldridge
New York Supreme Court
Appeal from a judgment. This action, which was brought by Anthony Simmons, as executor of the will of Elisha Eldridge, against Clinton Eldridge, and Henry and Betsey Moyer, was referred to a referee, who upon the opening of the trial, before any evidence had been adduced, dismissed the cause upon the ground that there was no cause for action. From the judgment entered thereon, the plaintiff appealed.
1Opinion of the Court
By the Court.*—Ingalls, J.
It appears from the report of the referee, that he disposed of the case upon the opening of the counsel for the plaintiff, without evidence. It also appears that the plaintiff’s counsel in such opening stated the facts more minutely, but substantially as alleged in the complaint in this action. The only question presented upon this appeal is, whether there are facts stated in the complaint which entitle the plaintiff to give evidence in support of a cause of action therein alleged.
The complaint alleges that the plaintiff, in 1859, was duly appointed executor of the…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Emery v. . PeaseNew York Court of Appeals · 1859
- Wright v. . HookerNew York Court of Appeals · 1854
- Meyer v. Van CollemNew York Supreme Court · 1858
- Gould v. GagerNew York Supreme Court · 1863
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