Smaldone v. De Vivo

Defendant appeals from a judgment of the Saratoga County Trial Term in favor of plaintiffs and from an order denying his motion for a new trial.

The action was brought by plaintiffs as the executors of Maria F. De Vivo, deceased, against defendant for conversion of $12,562.50. The plaintiff, Madeline Smaldone, is the daughter of defendant and her husband is a son-in-law. Maria F. De Vivo, the decedent, was defendant’s wife. About eleven months after the commencement of this action the same plaintiffs instituted an action against Paul Maroeco, an attorney, on the very same state of facts.…