Hathaway v. . County of Delaware
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 29,1905, which affirmed so much of a judgment of the court at a Trial Term as dismissed the complaint as to the first cause of action and reversed so much thereof as directed judgment for the plaintiffs on the second cause of action, and granted a new trial as to said second cause of action. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 29,1905, which affirmed so much of a judgment of the court at a Trial Term as dismissed the complaint as to the first cause of action and reversed so much thereof as directed judgment for the plaintiffs on the second cause of action, and granted a new trial as to said second cause of action. The facts, so far as material, are stated in the opinion. The reversal of the judgment in favor of plaintiffs, upon the second cause of action, was error. Plaintiffs are entitled to…
1Opinion of the Court
Cullen, Ch. J.
As to the first cause of action we content ourselves with stating our concurrence in the view of the Appellate Division and of the Trial Term, that the plaintiffs failed to establish that the money which they sought to recover was appropriated to the discharge of valid obligations of the defendant, and that, therefore, as to this cause of action the judgment below should be affirmed. (For the facts relating to this claim see report of the case in 103 App. Div. 179.)
As to the second cause of action we think that the decision of the Trial Term was correct and the action of the…
2Cases cited10 opinions
- Sims v. . U.S. Trust Co. of New YorkNew York Court of Appeals · 1886
- Gerard v. . McCormickNew York Court of Appeals · 1891
- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Goshen National Bank v. StateNew York Court of Appeals · 1894
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3Cited by63 opinions
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- Ball v. . ShepardNew York Court of Appeals · 1911
- American Express Co. v. Peoples Savings BankSupreme Court of Iowa · 1921
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