Davis v. . Spencer
New York Court of Appeals
Action by the plaintiff as the committee of Alva Davis, an habitual drunkard, on two joint and several promissory notes made by the defendant and one John A. Williams, and payable to Alva Davis or bearer.' The value of the estate of Alva Davis was several thousand dollars, and the plaintiff was appointed committee of his estate by the County Court of Tompkins county.
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Action by the plaintiff as the committee of Alva Davis, an habitual drunkard, on two joint and several promissory notes made by the defendant and one John A. Williams, and payable to Alva Davis or bearer.' The value of the estate of Alva Davis was several thousand dollars, and the plaintiff was appointed committee of his estate by the County Court of Tompkins county. The plaintiff gave in evidence the proceedings in the County Court and his appointment as committee, and that he gave the requisite security and had entered upon the discharge of his duties. Among, other objections to the…
1Opinion of the CourtAllen, J.
The judgment cannot be sustained upon the ground upon which it was put by the court below. By the ■Bevised Statutes the Chancellor was charged with the care and custody of the personal estate of all idiots, lunatics, persons of .unsound mind and persons incapable of conducting their own affairs in consequence of habitual drunkenness. (2 R. S., p. 52, § 1.) The jurisdiction of the Court of Chancery was a statutory jurisdiction and was exercised principally under the statutes conferring and regulating it. The court originally took jurisdiction of idiots and lunatics as the general delegate of…
2Cases cited5 opinions
- Eaves v. HendersonNew York Supreme Court · 1837
- Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
- Foster v. TrullNew York Supreme Court · 1815
- Flint v. ClarkNew York Supreme Court · 1815
- Benson v. CromwellNew York Supreme Court · 1857
3Cited by23 opinions
- Moers v. . MoersNew York Court of Appeals · 1920
- Bennett v. . BatesNew York Court of Appeals · 1884
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
- Carrere v. DunAppellate Terms of the Supreme Court of New York · 1896
- Holcomb v. . CampbellNew York Court of Appeals · 1889
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