Leavitt v. James F. Scholes Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The James E. Scholes Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of May, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1DissentLaughlin, J.
At the commencement of the trial, after counsel for the plaintiff had opened the case, counsel for appellant moved to dismiss the complaint on the ground that the cause of action was not vested in the plaintiff as executrix hut individually, since it appeared that the negligence of the appellant which, caused the damages was in the- execution of a contract made by the plaintiff with the appellant in conducting the business *80of the estate as executrix. The motion was denied and an exception thereto was duly taken. The plaintiff then offered evidence tending to establish the facts alleged in the…
2Cases cited34 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Willis v. . SharpNew York Court of Appeals · 1889
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Ward v. . PetrieNew York Court of Appeals · 1898
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
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