Hart v. Goadby

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 1910

Appellate Division of the Supreme Court of the State of New York · decided 1910-05-13

Appeal by the plaintiffs, Girarles H. Hart and others, from an interlocutory judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of New York on the 1st day of March, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendants’ demurrer to the complaint.

Good law ✅— No negative treatment on recordhow we know

Decided 1910-05-13

How this case has been cited

Cited by 5 later decisions — most recently September 1940

4 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ingraham, P. J.

¶1(concurring):

¶2I concur in the conclusion reached by Mr. Justice Laughlin upon the ground that the complaint does not state facts sufficient to constitute a cause of action, in that the cause of action is in the trustee of the estate and not in the beneficiaries; and also that there is a defect of parties defendant, in that JMestell is not a party to the action.

¶3Miller, J., concurred.

¶4Judgment affirmed, with costs, with leave to plaintiffs to amend on payment of costs in this court and in the court below.