Steinhaeuser v. Mason

New York Court of Appeals

Steinhaeuser v. Mason

4 Silv. Ct. App. 619, 48 N.Y. St. Rep. 461

DecidedOctober 11, 1892

StatusPublished

This text of 4 Silv. Ct. App. 619 (Steinhaeuser v. Mason) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Steinhaeuser v. Mason, 4 Silv. Ct. App. 619, 48 N.Y. St. Rep. 461 (N.Y. 1892).

Pincite

Opinion

Per Curiam.

—This is simply a motion to substitute-Mary C. Steinhaeuser, as executrix of the will of plaintiff, in his stead. As executrix, so far as any facts now appear,, she has no place in the litigation and no right of substitution. If she has been properly substituted as assignee in the place of her deceased husband, then she should make a motion to-be substituted as such in this action, and so far as we can perceive there would be no answer to such a motion. The-moving papers do not disclose the fact that she has been substituted as assignee. This- motion must therefore be denied, but as she seems to have been thus substituted since notice of this motion, the denial is without costs.

All concur.

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Per Curiam.

—This is simply a motion to substitute-Mary C. Steinhaeuser, as executrix of the will of plaintiff, in his stead. As executrix, so far as any facts now appear,, she has no place in the litigation and no right of substitution. If she has been properly substituted as assignee in the place of her deceased husband, then she should make a motion to-be substituted as such in this action, and so far as we can perceive there would be no answer to such a motion. The-moving papers do not disclose the fact that she has been substituted as assignee. This- motion must therefore be denied, but as she seems to have been thus substituted since notice of this motion, the denial is without costs.

All concur.

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Bluebook (online)

4 Silv. Ct. App. 619, 48 N.Y. St. Rep. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinhaeuser-v-mason-ny-1892.