Legal Opinion

Collyer v. . Collyer

New York Court of Appeals

Decided April 16, 1889PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order-made at the December Term, 1887, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee on reference of a disputed claim against an estate. The facts, so far as material, are set forth in the opinion.

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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order-made at the December Term, 1887, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee on reference of a disputed claim against an estate. The facts, so far as material, are set forth in the opinion. The conventional relation of' landlord and tenant must be shown to have existed between the respondent and his sister, in order to render an action for use and occupation maintainable. (Williams v. Hutchinson, 3 N. Y. 317; Preston v. Hawley, 101…

1Opinion of the CourtEarl, J.

Elizabeth Oollyer, a sister of the plaintiff, died March 4, 1883, intestate. At the time of her death she was ■about sixty years of age and had never been married. She left personal estate which was inventoried at about $70,000. The defendant was appointed her administrator and thereafter the plaintiff presented to him a claim against her estate for rent of a house in the city of Mew York, known as Mo. 81 Lexington avenue, and for rent of a house in Sing Sing, and for board and other matters, amounting in all to $9,547.91. The claim was disputed by the defendant and was referred by consent of…

2Cases cited3 opinions

  1. Benjamin v. . BenjaminNew York Court of Appeals · 1851
  2. Osgood v. DeweyNew York Supreme Court · 1816
  3. Baxter v. WestNew York Court of Common Pleas · 1874

3Cited by41 opinions

  1. Lamb v. . LambNew York Court of Appeals · 1895
  2. Clark v. CoxSupreme Court of Connecticut · 1947
  3. Carlson v. KrantzSupreme Court of Minnesota · 1927
  4. In re the Judicial Settlement of the Account of DoleAppellate Division of the Supreme Court of the State of New York · 1915
  5. In re the Estate of LongNew York Surrogate's Court · 1932

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