Barry v. . Lambert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgmenty in favor of plaintiff, entered upon a decision of the court bn trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgmenty in favor of plaintiff, entered upon a decision of the court bn trial at Special Term. This action was brought to have a trust declared in plaintiff’s favor in a bond and mortgage held by defendant as executor of the will of Thomas Lambert, deceased, and to compel an assignment of the interest claimed by defendant therein. By the will of said Lambert defendant was appointed executor, and Maria Lambert, now deceased,…
1Opinion of the Court
Eug-er, Ch. J.
The evidence in this case, outside of the admissions of the, defendant’s deceased co-executrix, tended strongly to show that the plaintiff immediately previous to January 31, 1882, delivered to Maria Lambert, defendant’s co-executrix, the sum of $2,000 in bills of the denomination of $100 each, and on that day the defendant with his co-executrix of the estate of Thomas Lambert, loaned $1,800 of this identical money, together with $6,000 belonging to the estate, and about $200 belonging to Mrs. Lambert, in one aggregate sum of $8,000 to Margaret Lawrence, taking back a bond and…
2Cases cited5 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Haddow v. . LundyNew York Court of Appeals · 1874
3Cited by66 opinions
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- Matter of Union Trust Co. (Hoffman Estate)New York Court of Appeals · 1916
- In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- In re the Judicial Settlement of the Accounts of EhlertAppellate Division of the Supreme Court of the State of New York · 1933
- First Nat. Bank of Birmingham v. BashamSupreme Court of Alabama · 1939
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