Riggs v. . American Tract Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 6, 1880, which reversed a judgment of Special Term, entered upon an order overruling a demurrer to the complaint herein.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 6, 1880, which reversed a judgment of Special Term, entered upon an order overruling a demurrer to the complaint herein. (Reported below, 19 Hun, 481.) The complaint alleged in substance that the plaintiff’s intestate, Ira Riggs, was for upward of fifteen years next preceding his death of unsound mind, and for that cause legally incapable of mating the dispositions of his property to the defendant which are thereinafter set forth; that shortly prior to his death…
1Opinion of the CourtDanforth, J.
In this case we can look to the complaint only for the facts on which the questions presented by the demurrer turn; and although both grounds stated by the defendant have been fully argued, we see no reason to differ from the conclusion reached by the General Term, that the complaint contains a cause of action.
In substance it is that Ira Biggs in his life-time was of unsound mind, and while in that condition transferred to the defendant by gift or contract several sums of money which it still holds, and refuses to return. Flow upon that concession the learned counsel for the defendant has…
2Cases cited1 opinion
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
3Cited by22 opinions
- Hull v. LouthIndiana Supreme Court · 1887
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1884
- Valentine v. . LuntNew York Court of Appeals · 1889
- Verstandig v. SchlafferNew York Court of Appeals · 1946
- Faber v. Sweet Style Manufacturing Corp.New York Supreme Court · 1963
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