Blake v. . Griswold
New York Court of Appeals
This was a motion to substitute Edgar O. Brackett, administrator of the plaintiff, who died pending the appeal to this court, as plaintiff in Ms stead, and for affirmance of the judgment appealed from in favor of the substituted plaintiff. The case upon decision of the appeal is reported in 103 1ST. T. 429. The further facts presented on the motion are stated in the opinion.
Read the full summary
This was a motion to substitute Edgar O. Brackett, administrator of the plaintiff, who died pending the appeal to this court, as plaintiff in Ms stead, and for affirmance of the judgment appealed from in favor of the substituted plaintiff. The case upon decision of the appeal is reported in 103 1ST. T. 429. The further facts presented on the motion are stated in the opinion. The judgment appealed from, rendered at Special Term, although recovered for a penalty, or for a cause of action in the nature of a penalty, merged the original claim or cause of action in the judgment so recovered, and…
1Per curiam
The motion for substitution must be granted. The plaintiff in the action, which was brought to recover the penalty imposed for failure to file a report and for filing a false report, under the provisions of the manufacturing act, died after judgment and during the pendency of an appeal. The argument of that appeal proceeded in this court without our knowledge of his death and the judgment was affirmed. This motion is now made on behalf of the representatives of the plaintiff to substitute his administrator and for judgment of affirmance in his favor. The motion is both made and resisted upon…
2Cases cited1 opinion
- Hegerich v. . KeddieNew York Court of Appeals · 1885
3Cited by22 opinions
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
- Woodford v. McDanielsWest Virginia Supreme Court · 1914
- People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
- Bronheim v. KelleherAppellate Division of the Supreme Court of the State of New York · 1940
- Heuchert v. State Industrial Accident CommissionOregon Supreme Court · 1942
17 more not listed; retrieve them via the Exa API.