Titus v. Crance

Appellate Division of the Supreme Court of New York

Titus v. Crance

257 A.D. 895, 12 N.Y.S.2d 346, 1939 N.Y. App. Div. LEXIS 8311

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

DecidedMay 24, 1939

StatusPublished

This text of 257 A.D. 895 (Titus v. Crance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Titus v. Crance, 257 A.D. 895, 12 N.Y.S.2d 346, 1939 N.Y. App. Div. LEXIS 8311 (N.Y. Ct. App. 1939).

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Opinion

■ — -Appeal from judgment which dismissed plaintiff’s complaint on the merits as to Harry and Lena Granee, and without prejudice as to Paul H. Granee. The action was brought to recover upon a written instrument as follows:

“ Jan. 7, 1935.

“ One day after date I promise to pay to the order of David C. Jayne Three hundred dollars at death of (David Jayne) note is due and payable to Paul H. Granee, undertaker, Ithaca, N. Y., to defray funeral expenses).

“ Value received,. Intrusted to

“ HARRY GRANGE “ LENA GRANGE

“ Newfield, N. Y.”

Defendants who signed the instrument were the father and mother of defendant Paul H. Granee, the undertaker. David C. Jayne died January 19, 1938, at the home of strangers who had knowledge of this instrument. The $300 mentioned in the instrument, has been paid to the undertaker, Paul H. Granee. In accordance with the request of Jayne an undertaker other than Granee was “ ordered ” to take charge of the funeral, and did so. There is no proof upon the subject as to whether Granee, the undertaker, was not able and willing to take charge of the funeral. Judgment unanimously affirmed, with costs.

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■ — -Appeal from judgment which dismissed plaintiff’s complaint on the merits as to Harry and Lena Granee, and without prejudice as to Paul H. Granee. The action was brought to recover upon a written instrument as follows:

“ Jan. 7, 1935.

“ One day after date I promise to pay to the order of David C. Jayne Three hundred dollars at death of (David Jayne) note is due and payable to Paul H. Granee, undertaker, Ithaca, N. Y., to defray funeral expenses).

“ Value received,. Intrusted to

“ HARRY GRANGE “ LENA GRANGE

“ Newfield, N. Y.”

Defendants who signed the instrument were the father and mother of defendant Paul H. Granee, the undertaker. David C. Jayne died January 19, 1938, at the home of strangers who had knowledge of this instrument. The $300 mentioned in the instrument, has been paid to the undertaker, Paul H. Granee. In accordance with the request of Jayne an undertaker other than Granee was “ ordered ” to take charge of the funeral, and did so. There is no proof upon the subject as to whether Granee, the undertaker, was not able and willing to take charge of the funeral. Judgment unanimously affirmed, with costs.

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Bluebook (online)

257 A.D. 895, 12 N.Y.S.2d 346, 1939 N.Y. App. Div. LEXIS 8311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/titus-v-crance-nyappdiv-1939.