Parhan v. Moran
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was brought to recover moneys collected by the defendant under a power of attorney, given him by Henry A. Cleveland, the plaintiffs’ intestate. It was admitted that the defendant, as such attorney of said Cleveland, had received and still had these moneys, and that a demand had been made by the plaintiff- prior to the action.
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Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was brought to recover moneys collected by the defendant under a power of attorney, given him by Henry A. Cleveland, the plaintiffs’ intestate. It was admitted that the defendant, as such attorney of said Cleveland, had received and still had these moneys, and that a demand had been made by the plaintiff- prior to the action. Part of the moneys were Cleveland’s share of land sold • under a judgment in partition in 1867. The plaintiff gave in evidence her petition to the surrogate for the issue…
1Opinion of the Court
Learned, P. J.:
First. The statute (2 R. S., [m. p.] 80, § 74) declares that letters of administration, granted by any officer having jurisdiction, shall be conclusive evidence of the authority of the persons to whom the the same may be granted. This, the revisers said, was declaratory of *719existing law. (Notes. See § 2, Phil. Ev. [4th ed.], 77; Noel v. Wells, 1 Levinz, 235.) In Belden v. Meeker (2 Lans., 470; affirmed 47 N. Y., 307), it was held that “ the letters of administration in due form, produced in evidence, are sufficient to establish the representative character in which the plaintiff…
2Cases cited2 opinions
- Belden v. . MeekerNew York Court of Appeals · 1872
- Belden v. MeekerNew York Supreme Court · 1870