Scully v. . McGrath
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The question as to whether or not defendant converted the moneys in question was one of fact for the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The question as to whether or not defendant converted the moneys in question was one of fact for the jury. (Ten Eyck v. Whitbeck, 156 N. Y. 349; Sundheimer v. City of New York, 176 N. Y. 495 ; Gordon v. Ashley, 191 N. Y. 192; Laverty v. Snethen, 68 N. Y. 522; Brewster v. Striker, 2 N. Y. 19;…
1Opinion of the Court
Cullen, Ch. J.
The action is for conversion of money belonging to the estate of Thomas J. Scully, deceased, of which the plaintiff is administratrix. The answer denied that the money belonged to said Thomas J. Scully, and averred that it was the property of the father of both deceased and defendant, one John Scully. From the evidence given on behalf of the plaintiff it appeared that Thomas J. Scully died in 1900 intestate, and that letters' of administration upon his estate were issued to the plaintiff upon October 12th of that year. At the time there was on deposit in the Mechanics and…
2Cases cited3 opinions
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
- Sage v. . WoodinNew York Court of Appeals · 1876
- Davis v. . GallagherNew York Court of Appeals · 1891
3Cited by15 opinions
- Estate of Lucas v. BrownCalifornia Supreme Court · 1943
- In Re the Estate of LeopoldNew York Court of Appeals · 1932
- Fender v. PhillipsIndiana Court of Appeals · 1915
- McCarron v. New York Central RailroadMassachusetts Supreme Judicial Court · 1921
- Dolcater v. Manufacturers & Traders Trust Co.Court of Appeals for the Second Circuit · 1939
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