Simon v. Simon
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Samuel H. Simon against Mary E. Simon. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. Transferred from First to Second department.
1Opinion of the CourtWoodward, J.
This action is brought by the plaintiff, husband of the defendant, for conversion of certain goods. Originally, defendant’s sister was a party defendant, but, having died since its commencement, the action proceeded against the defendant alone. There is no question raised on the appeal as to the right of the husband to maintain this action, and the principal matters to which the attention of the court is directed are questions of fact, which have been determined by the jury in favor of the plaintiff, upon evidence clearly warranting such conclusion. There were two questions raised by the…
2Cases cited6 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Pease v. . SmithNew York Court of Appeals · 1875
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Smith v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1897
- Petrie v. StarkNew York Supreme Court · 1894
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