Simonson v. New York City Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9,1892, which' affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are set forth in the opinion. The court erred in refusing to dismiss the complaint.
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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 May 9,1892, which' affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are set forth in the opinion. The court erred in refusing to dismiss the complaint. (L. I. F. Co. v. Terbell, 48 N. Y. 427.) The plaintiff is entitled to recover. (Smith v. L. I. R. R. Co., 102 N. Y. 190; Mather v. E. M. Co., 118 id. 629.)
1Opinion of the CourtEarl, J.
John W. Simonson died December 28th, 1882, leaving a will in which his widow and the plaintiff, his son, were appointed executors. The widow died April 23d, 1883. On the 31st day of March, 1884, the, plaintiff commenced this action to recover the salary of the testator as president of the defendant at the rate of $5,000 per annum, from the 31st day of October, 1881, to the time of his death, and the plaintiff has recovered judgment as claimed in his complaint. The question for our determination is whether, there is any evidence in this record upon which the recovery can legally stand. We…
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