Hayes v. Claessens

Kiley, J. (dissenting):

This case has been before this court on a previous occasion, at which time a judgment in favor of plaintiffs was reversed. (Hayes v. Claessens, 189 App. Div. 449.) On the second or retrial of the action the plaintiffs also had a verdict; the ease was tried before Mr. Justice Hinman -without a jury. Before discussing the facts I will advert to some legal propositions in the case. The question was fairly raised that the defendant was not authorized to act as the administrator of the estate of Christina McGovern. The record does not disclose his qualification. (Code Civ.…