Smith v. Irvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary M. Irvin, individually and as surviving executrix, etc., of Richard Irvin, Jr., and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of March, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrers to the second amended complaint.
1Opinion of the Court
Ingraham, J.:
These appellants demurred to the complaint upon two grounds,' first, that there was a defect of parties defendant; and, second, that causes of action have been improperly united. The plaintiffs sue as legatees of Alexander P. Irvin, deceased, who was at the time of his death a member of the firm of Richard Irvin & Co., and who died in 1884. This firm had consisted of Richard Irvin, Sr., Richard Irvin, Jr., and Alexander P. Irvin. It is alleged that the affairs of that firm were never settled, and the action is-brought to compel the defendants, who are the personal representatives…
2Cited by2 opinions
- McPeck v. McCarthyNew York Supreme Court · 1948
- Smith v. IrvinAppellate Division of the Supreme Court of the State of New York · 1906