Van Orden v. Krouse

New York Supreme Court

Van Orden v. Krouse

34 N.Y.S. 1004, 96 N.Y. Sup. Ct. 1, 68 N.Y. St. Rep. 839

DecidedJuly 26, 1895

StatusPublished

This text of 34 N.Y.S. 1004 (Van Orden v. Krouse) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Orden v. Krouse, 34 N.Y.S. 1004, 96 N.Y. Sup. Ct. 1, 68 N.Y. St. Rep. 839 (N.Y. Super. Ct. 1895).

Pincite

Opinion

DYKMAN, J.

This is an equitable action to impress a trust upon certain real property belonging to Mary M. Krouse, deceased, at the time of her death, for her funeral expenses. She died intestate, and the .plaintiff, who was an undertaker, buried her and furnished all the necessary articles for her funeral and interment. The plaintiff was not employed to render the services or furnish the articles. The husband of the deceased is insolvent, and she died intestate. No administrator of the estate has been appointed, and the plaintiff desires to have his claim declared tó be a lien upon the real [1005]*1005property of the deceased. There was a demurrer to the complaint for insufficiency, which was sustained, and the plaintiff has appealed from the judgment sustaining the demurrer. There is no legal principle upon which this action can be maintained, and the judgment must be affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

DYKMAN, J.

This is an equitable action to impress a trust upon certain real property belonging to Mary M. Krouse, deceased, at the time of her death, for her funeral expenses. She died intestate, and the .plaintiff, who was an undertaker, buried her and furnished all the necessary articles for her funeral and interment. The plaintiff was not employed to render the services or furnish the articles. The husband of the deceased is insolvent, and she died intestate. No administrator of the estate has been appointed, and the plaintiff desires to have his claim declared tó be a lien upon the real [1005]*1005property of the deceased. There was a demurrer to the complaint for insufficiency, which was sustained, and the plaintiff has appealed from the judgment sustaining the demurrer. There is no legal principle upon which this action can be maintained, and the judgment must be affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

34 N.Y.S. 1004, 96 N.Y. Sup. Ct. 1, 68 N.Y. St. Rep. 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-orden-v-krouse-nysupct-1895.