Legal Opinion

City of Albany v. McNamara

New York Supreme Court

Decided July 2, 1888PublishedCited by 1 opinion

Appeal from judgment on report of referee. The city of Albany sued John W. McNamara, executor of Mary E. Payne, deceased, to recover money paid for her treatment in the Homeopathic Hospital. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtIngalls, J.

The plaintiff presented to the defendant, as executor of the last will and testament of Mary E. Payne, deceased, a claim against her estate which was rejected, and finally referred under the statute which provides for the settlement of claims against the estates of deceased persons. The cause was tided before the referee, who reported in favor of the plaintiff, and his report was confirmed by the special term, and judgment was entered in favor of the plaintiff against the defendant; and this appeal is brought by the defendant from such judgment and order.. The principal question involved is…

2Cases cited2 opinions

  1. Jones v. WilsonNew York Supreme Court · 1808
  2. Beach v. VandenburghNew York Supreme Court · 1813

3Cited by1 opinion

  1. In re the Judicial Settlement of Account of Proceedings of Security Trust Co.New York Surrogate's Court · 1928

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