Lowery v. . Erskine
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 May 9,1887, which reversed in part upon questions of fact, as well as law, and affirmed in part a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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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 May 9,1887, which reversed in part upon questions of fact, as well as law, and affirmed in part a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. There was no executed gift of the securities to the defendant during her uncle’s lifetime, and no trust created with respect to them. (Hunter v. Hunter, 19 Barb. 631; Fulton v. Fulton, 48 id. 581; Maynard v.…
1Opinion of the Court
Ruger, Ch. J.
The appeal in this case requires us to examine and determine the questions of fact involved in the issues tried. The action was brought by the executors of John Erskine to recover from the defendant three several ckoses in action, alleged to have been the property of their testator, and to have been unlawfully taken by her, from the executors. The answer denied that such securities were the property of John Erskine, and alleged the title thereto to be in the defendant. The trial court, after a hearing, rendered judgment for the plaintiffs for two of the items specified, and for…
2Cases cited10 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Day v. . RothNew York Court of Appeals · 1858
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Crane v. . BaudouineNew York Court of Appeals · 1873
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3Cited by45 opinions
- Foster v. . BookwalterNew York Court of Appeals · 1897
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- In re BerardiniAppellate Division of the Supreme Court of the State of New York · 1933
- McNulty Bros. v. OffermanAppellate Division of the Supreme Court of the State of New York · 1910
- Morehouse v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
40 more not listed; retrieve them via the Exa API.