Hollingsworth v. Moulton
New York Supreme Court
Appeal from judgment on report of referee. Proceeding by William S. I-Iollingswortli against Lucy O. Moulton and another, executors of the will of John F. Moulton, deceased. The claim was referred under the provisions of 3 Rev. St. N. Y. (7tli Ed.) p. 2299, § 36, and from the judgment entered on the report of the referee the claimant appeals.
1Opinion of the CourtMacomber, J.
The defendants’ testator, John F. Moulton, had, in his life-time, prior to the month of November, 1886, lost in gaming to one John Daily the sum of $3,500, for which he gave said Daily his check on a bank. Payment of the check, when presented, was refused, and it was accordingly protested for non-payment. Certain letters and telegrams passed between John F. Moulton and the said Daily in regard to the transaction. On the 20th day of November, 1886, the plaintiff, who had authority to act for Daily in the premises, returned to John F. Moulton the protested check, together *363with theTetters and…
2Cited by1 opinion
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