Moran v. Morrill
Appellate Division of the Supreme Court of the State of New York
Ingraham, J., dissented. Appeal by the plaintiff, Annette Moran, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of April, 1902, as amended by an order entered in said clerk’s office on the 7th day of May, 1902, upon a nonsuit granted by the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 7th day of May, 1902, denying the…
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Ingraham, J., dissented. Appeal by the plaintiff, Annette Moran, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of April, 1902, as amended by an order entered in said clerk’s office on the 7th day of May, 1902, upon a nonsuit granted by the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 7th day of May, 1902, denying the plaintiff’s motion to direct the entry of a general verdict in her favor upon the special verdict rendered by the jury,…
1Opinion of the Court
Laughlin, J.:
The action is brought against the executor and trustee of Edward Moran, deceased, in his representative capacity, to recover the possession of certain paintings alleged to be owned by the plaintiff. Two causes of action to recover different pictures are set forth. The plaintiff gave evidence tending to show that on the 30th day of August, 1899, the testator in his lifetime, by an instrument in writing under his hand and seal, assigned and transferred the paintings to which the first cause of action relates to her, and that the assignment was duly delivered. The assignment recited…
2Cases cited5 opinions
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Wall v. . Kellogg's ExecutorsNew York Court of Appeals · 1857
- Dunham v. FitchAppellate Division of the Supreme Court of the State of New York · 1900
- Reimers v. SchmittAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Minnesota Odd Fellows Home v. PogueSupreme Court of Minnesota · 1955
- Newcomb v. BurbankU.S. Circuit Court for the District of Southern New York · 1906
- United Shoe Machinery Corp. v. BeckerDistrict Court, E.D. New York · 1943