Disbrow v. . Mills
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 2 Hun, 132; 4 T. & 0., 682.) This action was brought to recover certain moneys alleged to have been paid over to defendant as surrogate of Westchester county, by his predecessor in office, belonging to plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 2 Hun, 132; 4 T. & 0., 682.) This action was brought to recover certain moneys alleged to have been paid over to defendant as surrogate of Westchester county, by his predecessor in office, belonging to plaintiff. The referee found the following facts, in substance: Reuben H. Coles was surrogate in said county from January 1st, 1856, until his death in January, 1862, and upon his death Silas D. Gifford…
1Opinion of the CourtRapallo, J.
We have examined this case.with care as it presents features of apparent hardship upon the defendant. He appears to have acted in good faith, and the loss for which he has been held responsible originated not from any pecuniary default on his part, but from a misapplication by some of his predecessors in office, of a portion of the surrogate’s fund. How or when this diversion of the fund occurred, whether through mistake or wrong, does not appear. All that is certain is that a deficiency exists, and that the plaintiff’s money has been applied by the defendant to supply that deficiency. There…
2Cited by4 opinions
- In Re the Probate of the Last Will & Testament of HancockNew York Court of Appeals · 1883
- Walker v. BroderickNew York Supreme Court · 1931
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964