O'Brien v. Williamsburg Savings Bank
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, Daiiiel T. O’Brien, as-administrator de bonis non of Ann Coote, formerly Ann Gaffney, deceased, from a judgment of the Supreme Court in favor of the-defendants, entered in the office of the clerk of the county of Kings-on the/ 14th day of May, 1903, upon the decision of the ..court rendered after a trial at the Kings County Special Term.
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Reargument of an appeal by the plaintiff, Daiiiel T. O’Brien, as-administrator de bonis non of Ann Coote, formerly Ann Gaffney, deceased, from a judgment of the Supreme Court in favor of the-defendants, entered in the office of the clerk of the county of Kings-on the/ 14th day of May, 1903, upon the decision of the ..court rendered after a trial at the Kings County Special Term. The action was originally brought by James Coote, as administrator of Ann Coote, formerly Ann Gaffney, deceased, but he having died after the trial and the affirmance of the judgment, the action was revived and Daniel…
1Opinion of the Court
Hooker, J.:
A reargument was granted in the case after the Court of Appeals reversed our decision in Matter of Totten (179 N. Y. 112, revg. 89 App. Div. 368). We affirmed, without opinion, on the first argument. (Coote v. Williamsburg Savings Bank, 92 App. Div. 613.) It was supposed that the rule the Court of Appeals laid down in Matter of Totten (supra) might affect the question in this case. In my opinion it did not. In that case (p. 125) the court soy's: “After much reflection upon the subject, guided by the principles ■established by our former decisions, we announce the following as ■our…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In re the Judicial Settlement of the Account of TottenAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Sherman v. Hibernia Savings & Loan SocietyCalifornia Court of Appeal · 1933
- In re King's WillNew York Surrogate's Court · 1906
- In re the Judicial Settlement of the Accounts of the Executors of the Last Will & Testament of KingNew York Surrogate's Court · 1906