Davis v. . Cornue
New York Court of Appeals
Appeal, by certification, from an interlocutory judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1896, which reversed an interlocutory judgment of the Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal, by certification, from an interlocutory judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1896, which reversed an interlocutory judgment of the Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinions. The demurring defendants, by joining with the heirs of John A. Davis in an effort to defraud Erwin Davis, share in the liability of the heirs of John A. Davis. (Lewis v. Gollner, 129 N. Y. 227; N. Y. B. N. Co. v. H. B. N. Co., 83 Hun, 593.) The…
1Opinion of the CourtMartin, J.
In March, 1890, Andrew J. Davis died in the state of Montana, possessed of a large amount of real and personal property in that state, in the state of Hew York and elsewhere within the United States. He left him surviving the plaintiff, who was a brother, and the defendants, who, with the exception of Anson Malby, were his brothers and sisters, or the surviving children of deceased brothers and sisters. The plaintiff and defendants Ellen S. Cornue, Joshua G-. Cornue and Harriet It. Sheffield are residents of this state. Other of the defendants reside elsewhere.
At the time of his death Andrew…
2Cases cited2 opinions
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