White v. Davis
New York Supreme Court
Appeal from circuit court, New York county. Action by Pauline M. White, as administratrix, etc., of James White, deceased, against Mary Davis, administratrix, etc., of Bichard Davis, for money received on the sale of a market stand, transferred by plaintiff’s intestate to defendant’s intestate as security for indebtedness which plaintiff alleged had been paid before such transfer.
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Appeal from circuit court, New York county. Action by Pauline M. White, as administratrix, etc., of James White, deceased, against Mary Davis, administratrix, etc., of Bichard Davis, for money received on the sale of a market stand, transferred by plaintiff’s intestate to defendant’s intestate as security for indebtedness which plaintiff alleged had been paid before such transfer. The answer was a general denial and counter-claims on promissory notes, unpaid loans, and moneys paid on account of plaintiff’s intestate. The reply denied the counter-claims, and alleged payment, want of…
1Opinion of the CourtAndrews, J.
This action was brought by the plaintiff, as administratrix of James White, deceased, against Bichard Davis, and, the latter having died, the defendant, who is his administratrix, was substituted in his place. The cause of action set up in the complaint was for money had and received by said Davis, on account of the sale of a certain meat-stand in Washington market, in the city of New York, which had been transferred to him by White as collateral security for certain indebtedness, after such indebtedness had been paid by White. The answer contained a general denial and set up as…
2Cases cited8 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Real v. . the PeopleNew York Court of Appeals · 1870
- Tenney v. . BergerNew York Court of Appeals · 1883
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
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