Kirk v. McCusker
New York Court of Common Pleas
Appeal from Equity Term. Action by Thomas Kirk and another, administrators of Margaret Kirk, deceased, against Bridget McCusker, to recover certain assets alleged to belong to the estate of deceased. There was judgment for defendant, and plaintiffs appeal.
1Concurrence
DALY, C. J.,
(concurring.) The judgment appealed from will have to be reversed for error in the admission of testimony of the defendant concerning a transaction with the plaintiffs’ intestate. The issue in the case was whether the deceased had personally delivered her bank books to the defendant, with the intention of making a gift to the latter of the money in the banks, and whether, thereafter, the donor had recovered possession of any of the books, and revoked the gift of the money, or any part of it. The defendant’s witness Peter Hughes had testified to a transaction of February 12, 1892,…
2Cases cited6 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Fox v. . MoyerNew York Court of Appeals · 1873
- Williams v. . GuileNew York Court of Appeals · 1889
- Parker v. MarstonSupreme Judicial Court of Maine · 1847
- Walsh v. Bowery Savings BankNew York Court of Common Pleas · 1889
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