Botsford v. Bradfield
Michigan Supreme Court
Error to Kent; Wolcott, J. Replevin by Mary L. Botsford against Thomas D. Brad-field and John E. Botsford, executors of the last will and testament of Sarah C. Turner, deceased. There was judgment for plaintiff, and on petition of Helen M. Burr and others, legatees under said will, they were allowed to intervene and bring error.
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Error to Kent; Wolcott, J. Replevin by Mary L. Botsford against Thomas D. Brad-field and John E. Botsford, executors of the last will and testament of Sarah C. Turner, deceased. There was judgment for plaintiff, and on petition of Helen M. Burr and others, legatees under said will, they were allowed to intervene and bring error. This is an action of replevin for two promissory notes executed by plaintiff to the deceased, Sarah C. Turner, and certain certificates of stock assigned therewith, as collateral security. One note is dated June 15, 1893, and. the other September 1, 1892, and they are…
1Opinion of the CourtGrant, J.
(after stating the facts). The court instructed the jury that:
“The evidence in relation to the declaration of trust is given for the most part by Mr. Turner. The declaration of trust, if one was made by Mrs. Turner in her lifetime, *374was made to him; and it is from his evidence, and all the surrounding circumstances, that you must find, if you find a declaration of trust.”
The above instruction left the jury to infer that there were circumstances to sustain the testimony of Mr. Turner, and to show that Mrs. Turner held the notes and securities in trust for plaintiff. In fact, there were no such…
2Cases cited3 opinions
- Clay v. LaytonMichigan Supreme Court · 1903
- Hamilton v. Hall's EstateMichigan Supreme Court · 1896
- Trombly v. KlersyMichigan Supreme Court · 1905
3Cited by4 opinions
- Fleck v. BaldwinTexas Supreme Court · 1943
- Unthank v. RippsteinTexas Supreme Court · 1964
- Coon v. StanleyMissouri Court of Appeals · 1936
- Citizens National Bank v. McKennaMissouri Court of Appeals · 1913