Legal Opinion

Carter v. . Beckwith

New York Court of Appeals

Decided October 6, 1891PublishedCited by 95 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged contract by which the plaintiff was retained by the defendant’s intestate having been made subsequently to the intestate having been judicially declared a lunatic and the appointment of a committee of his person and estate, was absolutely void. (Fitzhugh v. Wilcox, 12 Barb.…

1Opinion of the CourtAndrews, J.

The judgment recovered in this action is founded upon a claim for services rendered by the plaintiff, an attorney, upon the request of the intestate, in the prosecution of proceedings in the Supreme Court, instituted in 1871, to supersede a commission of lunacy issued against the intestate in 1855, and to have restored to him the possession and control of his property. The proceedings failed in their object, it having been determined that the lunacy still continued. The lunatic died in 1875, and the plaintiff presented to his administrators a claim for his services, which claim was rejected…

2Cases cited11 opinions

  1. Hughes v. . JonesNew York Court of Appeals · 1889
  2. Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
  3. L'Amoureux v. CrosbyNew York Court of Chancery · 1831
  4. Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
  5. In re TracyNew York Court of Chancery · 1829

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3Cited by95 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Hoff v. State of New YorkNew York Court of Appeals · 1939
  3. Matter of FrankNew York Court of Appeals · 1940
  4. Claim of Lord v. Estate of HaslettNew York Court of Appeals · 1919
  5. Masters v. JonesIndiana Supreme Court · 1902

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