Kessler v. Hessen
City of New York Municipal Court
Appeal by the plaintiff from a judgment entered upon the dismissal of the complaint upon a trial before the court without a jury. Charles L. Kessel brought this action against John C. Hessen and another to recover the sum of $138, that being the amount paid by the plaintiff for the funeral expenses of his deceased wife. Upon her death, plaintiff employed an undertaker to conduct the funeral in a manner suitable to her condition in life.
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Appeal by the plaintiff from a judgment entered upon the dismissal of the complaint upon a trial before the court without a jury. Charles L. Kessel brought this action against John C. Hessen and another to recover the sum of $138, that being the amount paid by the plaintiff for the funeral expenses of his deceased wife. Upon her death, plaintiff employed an undertaker to conduct the funeral in a manner suitable to her condition in life. Plaintiff paid $30 on account of the undertaker’s bill of $138, and was sued for the balance of $108, and judgment recovered against him which he paid (Lucas…
1Opinion of the Court
McAdam, Ch. J.
Executors having assets in their hands are personally liable to pay the funeral expenses of the testatrix (Rappelyea v. Russell, 1 Daly, 214; Patterson v. Patterson, 59 N. Y. 574, 585 ; Williams on Ex'rs, 1621 ; Dayton on Surr. 453 ; Matter of Miller, 4 Redf. 303 ; Ferrin v. Myrick, 41 N. Y. 315). The husband is likewise liable to the undertaker, if credit for the funeral be given to him (Lucas v. Hessen, 17 Abb. N. C. 271); but if the wife leave assets sufficient to pay the expenses, the husband has a remedy over against her executors for the amount he is obliged to pay (McCue…
2Cases cited5 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Jackson v. WesterfieldNew York Supreme Court · 1881
- Lucas v. HessenNew York Court of Common Pleas · 1885
3Cited by2 opinions
- In re the Estate of PowersNew York Surrogate's Court · 1911
- Griffin v. CondonAppellate Terms of the Supreme Court of New York · 1896