Sanford v. . Sanford
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth district, affirming a judgment for the plaintiff, entered upon the report of Hon. A. B. James, sole referee. The following facts were found by the referee: Joseph H. Sanford died in 1866, leaving the plaintiff his widow.
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Appeal from an order of the General Term of the Supreme Court in the fourth district, affirming a judgment for the plaintiff, entered upon the report of Hon. A. B. James, sole referee. The following facts were found by the referee: Joseph H. Sanford died in 1866, leaving the plaintiff his widow. In June, 1864, he had loaned to the defendant, who was one of his sons, $5,000 of his own money, and taken from him a promissory note therefor, with interest, payable to the order of Joseph H. and Maria Sanford. Before his death, a committee of his estate had been appointed, under a commission de…
1Opinion of the CourtPeokham, J.
The note being payable to husband and wife jointly, belonged to the wife as survivor. (Borst v. Spelman, 4 N. Y., 288; Draper v. Jackson, 16 Mass., 480.) This is so, though the consideration was paid by the husband, if there are assets sufficient without this money to pay defendants. (Ch rist's Hospital v. Budgin, 2 Vern., 683; The R. C. Orphan Asylum v. Strain, 2 Brad. R., 34; Scott v. Simes, 10 Bosw., 314; Dummer v. Pitcher, 5 Simons, 35; and other analogous cases; Schoonmaker v. Elmendorf, 10 J., 49; Craig v. Craig, 3 Barb. Ch. R., 78; 4 Bright’s Husb. and Wife, by Lockwood, 32; and cases…
2Cases cited5 opinions
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Gage v. KendallNew York Supreme Court · 1836
- Smith v. LawrenceNew York Court of Chancery · 1844
- Scott v. SimesThe Superior Court of New York City · 1863
- Executors of Schoonmaker v. ElmendorfNew York Supreme Court · 1813
3Cited by50 opinions
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Main's Appeal From ProbateSupreme Court of Connecticut · 1901
- Commonwealth Trust Co. v. DuMontimerMissouri Court of Appeals · 1916
- Belfanc v. BelfancAppellate Division of the Supreme Court of the State of New York · 1937
- Denigan v. San Francisco Savings UnionCalifornia Supreme Court · 1899
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