Grafing v. Heilmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Magdalena Grafing and another, as executrices, etc., from a judgment of the Supreme Court in favor of the defendant, bearing date the 8th day of July, 1895, and entered in the office of the clerk of the county of Kings, upon the decision of the court rendered after a trial at the Kings County Special Term, dismissing the plaintiffs’ complaint upon the merits, except from so much of said judgment as denies the defendant costs, and grants an extension…
Read the full summary
Appeal by the plaintiffs, Magdalena Grafing and another, as executrices, etc., from a judgment of the Supreme Court in favor of the defendant, bearing date the 8th day of July, 1895, and entered in the office of the clerk of the county of Kings, upon the decision of the court rendered after a trial at the Kings County Special Term, dismissing the plaintiffs’ complaint upon the merits, except from so much of said judgment as denies the defendant costs, and grants an extension of time to make and serve a proposed case on appeal and a stay of defendant’s proceedings. This action was originally…
1Opinion of the CourtCullen, J.
At the close of the plaintiffs’ case the defendant submitted the cause on the plaintiffs’ evidence. The court made findings of fact, and of law. The case is, therefore, not that of a nonsuit, and it is not a question whether there was any evidence to support the plaintiffs’ claim, but whether the decision of the trial court on the facts and law was erroneous.
The contest is the not unusual one between the personal representatives of a deceased depositor and the beneficiary over funds represented by saving banks books, the deposits being made by plaintiffs’ testator in his name, in trust for…
2Cases cited5 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Cunningham v. . DavenportNew York Court of Appeals · 1895
3Cited by11 opinions
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Johnston v. ScottNew York Supreme Court · 1912
- Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
- Tibbitts v. ZinkAppellate Division of the Supreme Court of the State of New York · 1931
- In re Judicial Accounting of BaldwinAppellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.