Yarrow v. Hamblin

Appellate Division of the Supreme Court of New York

Yarrow v. Hamblin

241 A.D. 610

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1934·Published

Opinion

Judgment reversed on the law and a new trial granted, with costs to the appellants to abide the event. It appears from the record that the executors of the last will and testament of Carrie H. Yarrow, and Sophia Koch and William Barrett, were never served with the summons and complaint in this action, nor did they appear. These are all interested parties and the judgment has no binding eflect against the executors nor against defendants Sophia Koch and William Barrett. A new trial should be had with all interested parties properly before the court. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

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Judgment reversed on the law and a new trial granted, with costs to the appellants to abide the event. It appears from the record that the executors of the last will and testament of Carrie H. Yarrow, and Sophia Koch and William Barrett, were never served with the summons and complaint in this action, nor did they appear. These are all interested parties and the judgment has no binding eflect against the executors nor against defendants Sophia Koch and William Barrett. A new trial should be had with all interested parties properly before the court. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

Yarrow v. Hamblin, 241 A.D. 610 (N.Y. Ct. App. 1934).

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