59 N.Y. Sup. Ct.
Volume 59 — New York Supreme Court Reports
179 opinions
- 59 N.Y. Sup. Ct. 23In re the Judicial Settlement of the Accounts of Taylor (1889)
Appeal by James D. Taylor, as sole surviving executor of tlie last will and testament of Webster Wagner, deceased, from a decree entered by direction of the surrogate of Montgomery county on March 5, 1888, directing him to file an inventory, and from a decree of like date requiring him to file an account.
- 59 N.Y. Sup. Ct. 60In re the Assignment of Felt (1889)
- 59 N.Y. Sup. Ct. 102In re the Judicial Settlement of the Accounts of Morrisson (1889)
Appeal by tbe next of kin of Mary E. Feyb, deceased, from that part of tbe decree of tbe surrogate of tbe county of New York, of March 19,1888, which confirmed tbe report of a referee, and awarding distribution of tbe estate of Mary E. Eeyh among tbe legal representatives of the husband of tbe deceased.
- 59 N.Y. Sup. Ct. 142In re the Judicial Settlement of the Accounts of Babcock (1889)
<p> Duty of executors to pa/y taxes, under am, assessment levied, upon the testator’s real estate and made during Ms life, from principal. </p> <p>Christian F. Detmold died in the city of New York on July 2,1887, leaving a will which was shortly thereafter admitted to probate. By this will the testator, after making some bequests, devised, subject to an annuity to his wife, all his estate to two daughters, who were infants, for life, with the remainder to their issue.</p> <p>On June 29, 1887, three days prior to the testator’s death, the commissioners of taxes and assessment certified the assessment-rolls of the real and personal estate in the city of New York for the year 1887, and delivered the same before the first Monday of July to the board of aldermen, on which rolls the premises, Nos. 557 and 559 Broadway, New York city, were assessed to the testator, as owner, at a valuation of $250,000; the amount of taxes imposed being the sum of $5,400.</p> <p>On an appeal from an order of the Surrogate’s Court of the county of New York, adjudging that such taxes were payable out of the income and not from the principal of the estate:</p> <p>Held, that as the assessment-rolls had been completed and delivered prior to the death of the testator, there was a personal liability upon the part of the testator to pay the taxes because he was the owner of the property at the time the assessment-roll was made out.</p> <p>That the amount of the taxes was a debt, and that the executors were hound to pay it out of his estate and could not charge it against any of the devisees.</p>
- 59 N.Y. Sup. Ct. 170Baeder v. Baeder (1889)
- 59 N.Y. Sup. Ct. 171Wilson v. George Drake Smith & Co. (1889)
- 59 N.Y. Sup. Ct. 214Bradner v. Woodruff (1889)
, of tbe Bank of Dansviile, certain bonds, coupons and promissory notes, the property of said bank, which order was entered in the Livingston county clerk’s office on the 23d day of September, 1887.
- 59 N.Y. Sup. Ct. 276Callaghan v. Delaware, Lackawanna & Western Railroad (1889)
Appear, from a judgment in favor of the defendants, entered in the office of the clerk of Onondaga county on the 16th day of March, 1888, upon an order made at the Onondaga Circuit non-suiting the plaintiff and dismissing his complaint, with costs. The action was brought to recover damages for the death of plaintiff’s intestate, his wife, alleged to have been caused by the negligence of the defendants.
- 59 N.Y. Sup. Ct. 353Nixon v. Stillwell (1889)
Appeal by tbe defendant from a judgment, entered upon a verdict in the Onondaga County Court on October 19, 1887, and from an order denying a motion for a new trial made on the minutes of the court. The action was in trespass for wrongfully entering upon the land of plaintiff, the same being in her possession, and without leave cutting down and carrying off trees. Treble damages were claimed under sections 1667 and 1668 of the Code.
- 59 N.Y. Sup. Ct. 382In re Wiley (1889)
- 59 N.Y. Sup. Ct. 414People ex rel. Bockes v. Wemple (1889)
Appeal by the relator from an order of the Supreme Court, made at the Albany Special Term and entered in the clerk’s office in the county of Albany on the 18th day of March, 1889, which denied a motion, made by the relator for an order for a peremptory writ of mcmdmius to be issued to the comptroller of the State of New York, directing him to draw his warrant -upon the treasurer of the State for the sum of $300, which became due to the above-named relator, Augustus Bockes,…
- 59 N.Y. Sup. Ct. 444Magilton v. Holbert (1889)
Appeal by the plaintiffs from an order made at a Special Term of the Supreme Court, held at chambers, in Oatskill, on the 22d day of February, 1889, and entered in the office of the clerk of Greene county, denying aanotion, made by the defendants —that the plaintiffs he directed to execute an assignment of a mortgage, to foreclose which the action was brought, and the accompanying bond to the defendants Lampman and Werner, and that the plaintiffs, or their attorney, sign a…
- 59 N.Y. Sup. Ct. 510In re the Judicial Settlement of the Account of Babcock (1889)
Appeal by tlie trustees from tbat part of tlie decree of tlie surrogate of tlie county of New York which adjudged that they, as such trustees, were not entitled to any commissions on the principal of the personal estate, in addition to the full commissions on the corpus thereof awarded to them as executors under a previous decree made by the surrogate on their final accounting as surviving executors of said will, and determining that only one commission on the corpus of the…
- 59 N.Y. Sup. Ct. 527In re the Examination in Proceedings Supplementary to Execution of Sickle (1889)
Appeal by Herman Cantor, a witness in supplementary proceedings, from an order made at the New York Special Term adjudging liim guilty of contempt in refusing to answer certain questions, wbicli order was entered in the office of the clerk of the county of New York.
- 59 N.Y. Sup. Ct. 591In re the Probate of the Last Will & Testament of Darragh (1889)
<p>Appeal from a decree made by the Surrogate’s Court of the county of New York, admitting the last will and testament of Catharine Darragh, deceased, to probate, which was entered in the office of the clerk of the said Surrogate’s Court on the 14th day of May, 1888.</p>
- 59 N.Y. Sup. Ct. 610Adams v. Empire Laundry Machinery Co. (1889)
- 59 N.Y. Sup. Ct. 610Aylsworth v. Gallagher (1889)
- 59 N.Y. Sup. Ct. 610Ball v. Adirondack Railroad (1889)
- 59 N.Y. Sup. Ct. 610Bantle v. Krebs (1889)
- 59 N.Y. Sup. Ct. 610Burchill v. Culgin (1889)
- 59 N.Y. Sup. Ct. 610Claflin v. Du Bois (1889)
- 59 N.Y. Sup. Ct. 610Du Bois v. Decker (1889)
- 59 N.Y. Sup. Ct. 610Ellis v. Houston (1889)
- 59 N.Y. Sup. Ct. 610Harnickell v. Parrot Silver & Copper Mining Co. (1889)
- 59 N.Y. Sup. Ct. 610Heckemann v. Young (1889)
- 59 N.Y. Sup. Ct. 610Hollister v. Central National Bank (1889)
- 59 N.Y. Sup. Ct. 610In re Darragh (1889)
- 59 N.Y. Sup. Ct. 610Jewett v. Brownell (1889)
- 59 N.Y. Sup. Ct. 610Jones v. City of Troy (1889)
- 59 N.Y. Sup. Ct. 610Kuhn v. Kuhn (1889)
- 59 N.Y. Sup. Ct. 610Lesser v. Williams (1889)
- 59 N.Y. Sup. Ct. 610Lombard v. Central National Bank (1889)
- 59 N.Y. Sup. Ct. 610McComb v. Cordova Apartment Ass'n (1889)
- 59 N.Y. Sup. Ct. 610O'Brien v. Greenbaum (1889)
- 59 N.Y. Sup. Ct. 610People ex rel. Burke v. French (1889)
- 59 N.Y. Sup. Ct. 610People v. Page (1889)
- 59 N.Y. Sup. Ct. 610Pope v. Terre Haute Car & Manufacturing Co. (1889)
- 59 N.Y. Sup. Ct. 610Ransom v. Masten (1889)
- 59 N.Y. Sup. Ct. 610Roosevelt v. Roosevelt (1889)
- 59 N.Y. Sup. Ct. 610Ruyter v. Reid (1889)
- 59 N.Y. Sup. Ct. 610Sistare v. Olcott (1889)
- 59 N.Y. Sup. Ct. 610Stoddard v. Village of Saratoga Springs (1889)
- 59 N.Y. Sup. Ct. 610Swart v. Mayor of New York (1889)
- 59 N.Y. Sup. Ct. 610Terry v. Westing (1889)
- 59 N.Y. Sup. Ct. 610Van Valkenburgh v. Thomasville, Tallahassee & Gulf Railroad (1889)
- 59 N.Y. Sup. Ct. 610Vaughn v. Strong (1889)
- 59 N.Y. Sup. Ct. 610Whitehall Lumber Co. v. Edmans (1889)
- 59 N.Y. Sup. Ct. 610McCorkle v. Herrman (1889)
- 59 N.Y. Sup. Ct. 611Silberstein v. Houston Street, West Street, etc, Railroad (1889)
- 59 N.Y. Sup. Ct. 612Alverson v. Water-Works Co. (1889)
- 59 N.Y. Sup. Ct. 612Clarke v. Johnson (1889)
- 59 N.Y. Sup. Ct. 612Exstein v. Robertson (1889)
- 59 N.Y. Sup. Ct. 612Goodyear v. Adams (1889)
- 59 N.Y. Sup. Ct. 612Hayes v. Brown (1889)
- 59 N.Y. Sup. Ct. 612In re Revoke the Probate of the Last Will & Testament of Palmer (1889)
- 59 N.Y. Sup. Ct. 612In re the Accounting of Heath (1889)
- 59 N.Y. Sup. Ct. 612In re the Probate of Gould (1889)
- 59 N.Y. Sup. Ct. 612In re Williams (1889)
- 59 N.Y. Sup. Ct. 612McMullen v. Peart (1889)
- 59 N.Y. Sup. Ct. 612More v. More (1889)
- 59 N.Y. Sup. Ct. 612Mutual Life Insurance v. Sherry (1889)
- 59 N.Y. Sup. Ct. 612Nichols v. Tuttle (1889)
- 59 N.Y. Sup. Ct. 612Schum v. City of Rochester (1889)
- 59 N.Y. Sup. Ct. 612Bier v. Kibbe (1889)
- 59 N.Y. Sup. Ct. 612Dundee National Bank v. Wood (1889)
- 59 N.Y. Sup. Ct. 612Hugg v. Shank (1889)
- 59 N.Y. Sup. Ct. 612In re the Estate of Slater (1889)
- 59 N.Y. Sup. Ct. 612Newerf v. Jebb (1889)
- 59 N.Y. Sup. Ct. 612Salmon v. New York Central & Hudson River Railroad (1889)
- 59 N.Y. Sup. Ct. 612Spaulding v. Keyes (1889)
- 59 N.Y. Sup. Ct. 612Striker v. Schuyler (1889)
- 59 N.Y. Sup. Ct. 612Tindle v. Keef (1889)
- 59 N.Y. Sup. Ct. 612Torrey v. Corner (1889)
- 59 N.Y. Sup. Ct. 612Wagner v. Moschell (1889)
- 59 N.Y. Sup. Ct. 612Wait v. Borne (1889)
- 59 N.Y. Sup. Ct. 612White v. Knowles (1889)
- 59 N.Y. Sup. Ct. 612Kelsey v. Sargent (1889)
- 59 N.Y. Sup. Ct. 612Barrett v. Webber (1889)
- 59 N.Y. Sup. Ct. 612Campbell v. Campbell (1889)
- 59 N.Y. Sup. Ct. 612Devinney v. Corry (1889)
- 59 N.Y. Sup. Ct. 612Galliger v. Grand Trunk Railway of Canada (1889)
- 59 N.Y. Sup. Ct. 612In re the New York, Lackawanna & Western Railroad (1889)
- 59 N.Y. Sup. Ct. 612In re the Widening of Hand Street (1889)
- 59 N.Y. Sup. Ct. 612Larrison v. Payne (1889)
- 59 N.Y. Sup. Ct. 612Marine Bank v. Butler Colliery Co. (1889)
- 59 N.Y. Sup. Ct. 612Moore v. Trimmer (1889)
- 59 N.Y. Sup. Ct. 613Briggs v. Angus (1889)
- 59 N.Y. Sup. Ct. 613Cox v. Cox (1889)
- 59 N.Y. Sup. Ct. 613Cuming v. Brooklyn City Railroad (1889)
- 59 N.Y. Sup. Ct. 613In re the Probate of the Will of White (1889)
- 59 N.Y. Sup. Ct. 613Keyes v. Wright (1889)
- 59 N.Y. Sup. Ct. 613Smith v. McArthur (1889)
- 59 N.Y. Sup. Ct. 613Wheeler v. Hazelett (1889)
- 59 N.Y. Sup. Ct. 613Bayliss v. Roe (1889)
- 59 N.Y. Sup. Ct. 613Brown v. Klock (1889)
- 59 N.Y. Sup. Ct. 613Chellis v. Chapman (1889)
- 59 N.Y. Sup. Ct. 613O'Reilly v. Corporation of the London Assurance (1889)
- 59 N.Y. Sup. Ct. 613Coolidge v. Rome, Watertown & Ogdensburgh Railroad (1889)
- 59 N.Y. Sup. Ct. 613Davis v. Same (1889)
- 59 N.Y. Sup. Ct. 613Douglass v. Rome, Watertown & Ogdensburgh Railroad (1889)
- 59 N.Y. Sup. Ct. 613Amos v. Greenway ex rel. Hall (1889)
- 59 N.Y. Sup. Ct. 613Arnot v. Sage (1889)
- 59 N.Y. Sup. Ct. 613Atwater v. Town of Veteran (1889)
- 59 N.Y. Sup. Ct. 613Bently v. Owego Mutual Benefit Ass'n (1889)
- 59 N.Y. Sup. Ct. 613Chapin v. Fitzgerald (1889)
- 59 N.Y. Sup. Ct. 613Deach v. Perry (1889)
- 59 N.Y. Sup. Ct. 613Goetschius v. Hunt (1889)
- 59 N.Y. Sup. Ct. 613Graves v. Santway (1889)
- 59 N.Y. Sup. Ct. 613In re the Proceedings to disbar Youmans (1889)
- 59 N.Y. Sup. Ct. 613Martin v. Wood (1889)
- 59 N.Y. Sup. Ct. 613Murray v. Archer (1889)
- 59 N.Y. Sup. Ct. 613People v. Nowak (1889)
- 59 N.Y. Sup. Ct. 613Stebbins v. Village of Oneida (1889)
- 59 N.Y. Sup. Ct. 613Terry v. Bange (1889)
- 59 N.Y. Sup. Ct. 613Underwood v. Curtiss (1889)
- 59 N.Y. Sup. Ct. 614Ball v. McCrea (1889)
- 59 N.Y. Sup. Ct. 614In re Last Will & Testament of Gray (1889)
- 59 N.Y. Sup. Ct. 614Nestor v. Bischoff (1889)
- 59 N.Y. Sup. Ct. 614Shope v. Campbell (1889)
- 59 N.Y. Sup. Ct. 614Waterbury v. Eldridge (1889)
- 59 N.Y. Sup. Ct. 614Woolsey v. Donnelly (1889)
- 59 N.Y. Sup. Ct. 614Daudge v. Mayo (1889)
- 59 N.Y. Sup. Ct. 614In re Thompson (1889)
- 59 N.Y. Sup. Ct. 614Mead v. Mead (1889)
- 59 N.Y. Sup. Ct. 614Colyer v. Colyer (1889)
- 59 N.Y. Sup. Ct. 614Cromwell v. Wilson (1889)
- 59 N.Y. Sup. Ct. 614Dickerson v. Gordon (1889)
- 59 N.Y. Sup. Ct. 614Hasbrouck v. Disbrow (1889)
- 59 N.Y. Sup. Ct. 614In re Probate of Will of Hollohan (1889)
- 59 N.Y. Sup. Ct. 614Lynch v. Brooklyn City Railroad (1889)
- 59 N.Y. Sup. Ct. 614Mills v. Garretson (1889)
- 59 N.Y. Sup. Ct. 614Parkhurst v. Berdell (1889)
- 59 N.Y. Sup. Ct. 614Pease v. Field (1889)
- 59 N.Y. Sup. Ct. 614Robostelli v. Noxon (1889)
- 59 N.Y. Sup. Ct. 614Van Winkle v. Fowler (1889)
- 59 N.Y. Sup. Ct. 614Wallerstein v. Bohanna (1889)
- 59 N.Y. Sup. Ct. 614Davis v. Briggs (1889)
- 59 N.Y. Sup. Ct. 614Aldrich v. More (1889)
- 59 N.Y. Sup. Ct. 614Boocock v. Phipard (1889)
- 59 N.Y. Sup. Ct. 614Cowan v. Snyder (1889)
- 59 N.Y. Sup. Ct. 614Hubbard v. Nearpass (1889)
- 59 N.Y. Sup. Ct. 614Jonas v. Blanco (1889)
- 59 N.Y. Sup. Ct. 614Jones v. Farrington (1889)
- 59 N.Y. Sup. Ct. 614McCarthy v. Crowley (1889)
- 59 N.Y. Sup. Ct. 614McCracken v. Flanaghan (1889)
- 59 N.Y. Sup. Ct. 614Onderdonk v. Onderdonk (1889)
- 59 N.Y. Sup. Ct. 614People ex rel. Cook v. Hildreth (1889)
- 59 N.Y. Sup. Ct. 614Schenck v. Marx (1889)
- 59 N.Y. Sup. Ct. 614Taggart v. Rogers (1889)
- 59 N.Y. Sup. Ct. 614Thall v. Carrie (1889)
- 59 N.Y. Sup. Ct. 614Topliff v. Freeman (1889)
- 59 N.Y. Sup. Ct. 614Tredwell v. Lincoln (1889)
- 59 N.Y. Sup. Ct. 614Ward v. Hudson River Building Co. (1889)
- 59 N.Y. Sup. Ct. 615Hoag v. Hatch (1889)
- 59 N.Y. Sup. Ct. 615In re the Will of Rosecrans (1889)
- 59 N.Y. Sup. Ct. 615Dwyer v. Rathbone, Sard & Co. (1889)
- 59 N.Y. Sup. Ct. 615Hoag v. Prime (1889)
- 59 N.Y. Sup. Ct. 615In re Proving Will of Sarauw (1889)
- 59 N.Y. Sup. Ct. 615Bunnell v. Empire Laundry Machinery Co. (1889)
- 59 N.Y. Sup. Ct. 615Cullen v. Norton (1889)
- 59 N.Y. Sup. Ct. 615Davis v. City of Kingston (1889)
- 59 N.Y. Sup. Ct. 615De Witt v. Stender (1889)
- 59 N.Y. Sup. Ct. 615Delamater v. Prudential Insurance (1889)
- 59 N.Y. Sup. Ct. 615Lester v. Mann (1889)
- 59 N.Y. Sup. Ct. 615Ludlow v. Carr (1889)
- 59 N.Y. Sup. Ct. 615Maher v. Wilson (1889)
- 59 N.Y. Sup. Ct. 615Wait v. Cerqua (1889)
- 59 N.Y. Sup. Ct. 615Childs v. Mayer (1889)
- 59 N.Y. Sup. Ct. 615Dann v. Gleason (1889)
- 59 N.Y. Sup. Ct. 615Flint v. Frantzman (1889)
- 59 N.Y. Sup. Ct. 615Harrigan v. City of Brooklyn (1889)
- 59 N.Y. Sup. Ct. 615In re Charges against Grogan (1889)
- 59 N.Y. Sup. Ct. 615Radloff v. Mattlage (1889)
- 59 N.Y. Sup. Ct. 615Ransom v. Masten (1889)
- 59 N.Y. Sup. Ct. 615Brayton v. Sherman (1889)
- 59 N.Y. Sup. Ct. 615Dunckel v. Failing (1889)
- 59 N.Y. Sup. Ct. 615MacArthur v. Gordon (1889)
- 59 N.Y. Sup. Ct. 615Ockempaugh v. Slater (1889)
- 59 N.Y. Sup. Ct. 615Stack v. Weatherwax (1889)