Bump v. Pratt
New York Supreme Court
Appeal from judgment on report of referee. Action by Orlo M. Bump, as administrator of Susan G. Warren, deceased, against Mary Pratt and another, to recover of defendant three debenture bonds issued by the Iowa Loan & Trust Company, which belonged to the intestate in her lifetime, and which defendant Mary Pratt alleges were given to her by decedent. .There was judgment in favor of defendants, and plaintiff appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The reception of the evidence of Mary Pratt, one own behalf, the objections of the plaintiff, was not error. The declarations of Miss Cornell, testified to by the defendant, were not against the survivor of Miss Cornell in the sense in which such declarations are prohibited by section 829 of the Code of Civil Procedure, for the reason that the survivor acquired no interest under or through his deceased coadministrator. Nor does defendant derive her title' or interest to the property in controversy from Miss Cornell, to whose declarations she testified. As was said by the learned referee: “The…
Also in this document: Concurrence.
2Cases cited1 opinion
- Beaver v. . BeaverNew York Court of Appeals · 1889
3Cited by15 opinions
- Vincent v. RixNew York Court of Appeals · 1928
- Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
- Goelz v. People's Savings BankIndiana Court of Appeals · 1903
- In re the Estate of GreenAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Transfer Tax upon the Estate of MillsAppellate Division of the Supreme Court of the State of New York · 1916
10 more not listed; retrieve them via the Exa API.