Legal Opinion
Updike v. Mace
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1913PublishedCited by 2 opinions
Appeal "by the plaintiff, Sarah E. Updike, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of. the county of Westchester on the 10th day of March, 1913, directing the plaintiff to serve a bill of particulars.
1Opinion of the Court
Burr, J.:
Plaintiff states as the ground of her cause of action against defendants:
“I. That at the City of New York, and prior to the death of Malinda Gr. Mace hereinafter referred to, the said Malinda Gr. Mace was indebted to the plaintiff herein in the sum of about. two hundred thousand dollars for moneys had and received by the said Malinda Gr. Mace for and on account of the plaintiff herein.
“ II. That the said Malinda Gr. Mace from time to time up to the time of her death promised to pay the' same to this plaintiff, and this plaintiff agreed to and did wait until her death for the payment…
2Cases cited3 opinions
- Bennett v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1902
- Watertown Paper Co. v. WestAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. IrvinNew York Supreme Court · 1904
3Cited by2 opinions
- Gordon v. WilliamsNew York Supreme Court · 1917
- Wykagyl Construction Co. v. MacBean & Huerstel, Inc.Appellate Division of the Supreme Court of the State of New York · 1921