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20 Barb. 141

Higgins v. Whitson

New York Supreme Court

Decided May 7, 1855

New York Supreme Court · decided 1855-05-07

ÍN EQUITY. This action was brought by Susan Higgins and Ann Higgins, an infant, now deceased, by her next friend, the said Susan Higgins, in the late court of chancery, before the chancellor, against John Hostrand, Thomas Whitson and Edmund Willetts, executors of Thomas Whitson, deceased, and Benjamin W. Strong, executor of the last will and testament of Charles P. Cornwall, late of the town of Flushing, deceased, to recover certain moneys alleged by the complainants to have…

Good law ✅— No negative treatment on recordhow we know

Decided 1855-05-07

How this case has been cited

Cited by 7 later decisions — most recently August 1938

7 state decisions

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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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Cowles, J.

¶1I concur in the opinion that the judgment should be reversed. Upon the facts the defendants should have had judgment; and as all the facts in the case are evidently before the court, there can be no good reason, as far as I can perceive, for sending the parties again before- the referee.

¶2The clerk will enter an order reversing the judgment, with costs.

¶3Mitchell, P. J. concurred.

¶4Judgment reversed.

¶5Mitchell, Clerke and Cowles, Justices.]

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