Legal Opinion

Grinnell v. Sherman

New York Supreme Court

Decided May 15, 1891PublishedCited by 2 opinions

Appeal from circuit court, New York county. Action by Irving Grinnell and George S. Bowdoin, as executors of the last will and testament of Moses H. Grinnell, deceased, against Roger M. Sherman.

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Appeal from circuit court, New York county. Action by Irving Grinnell and George S. Bowdoin, as executors of the last will and testament of Moses H. Grinnell, deceased, against Roger M. Sherman. The cause of action is stated in the complaint as follows: “Irving Grinnell and George S. Bowdoin, as executors of the last will and testament of Moses H. Grinnell, deceased, the plaintiffs in this action, by Evarts, Choate & Beaman, their attorneys, complain of Roger M. Sherman, the defendant therein, and allege as follows, upon information and belief: First. That heretofore, and on or about the 24th…

1Opinion of the CourtDaniels, J.

The judgment has been entered, upon the decision of the tice presiding at the trial, for the recovery of the sum of $245, and interest thereon from the 10th of April, 1883, and the costs of the action. The defendant challenges the correctness of this recovery on various grounds, which will be examined, so far as that appears,to be necessary for the determination of the appeal. The complaint charges that the plaintiffs, by an instrument in writing, appointed the defendant as their attorney in law and fact, to recover moneys from the United States belonging and accruing to Moses H. Grinnell and…

2Cases cited10 opinions

  1. Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
  2. Bathgate v. . HaskinNew York Court of Appeals · 1875
  3. Mygatt v. . WilcoxNew York Court of Appeals · 1871
  4. Zimmerman v. . ErhardNew York Court of Appeals · 1880
  5. Ross v. . CurtissNew York Court of Appeals · 1864

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3Cited by2 opinions

  1. Sherman v. GrinnellSupreme Court of the United States · 1892
  2. Birckhead v. De ForestCourt of Appeals for the Second Circuit · 1903

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