Trow v. . Shannon
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was originally brought against Ann Lohman for the alleged conversion of ten United States 11,000 bonds. Upon her death, the present defendant, as her executrix, was substituted as defendant.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was originally brought against Ann Lohman for the alleged conversion of ten United States 11,000 bonds. Upon her death, the present defendant, as her executrix, was substituted as defendant. Plaintiff claimed that the bonds were given to him by the deceased, and that subsequently she took possession of and sold them. The evidence, on the part of plaintiff, as to the gift, is set forth substantially in…
1Opinion of the CourtRapallo, J.
I think the statement of the plaintiff as to what transpired between him and Mrs. Lohman in January, 1870, fails to establish a,completed gift at that time. The substance of his testimony is, that after having set apart three parcels of bonds in three envelopes, she declared to him that one was for Mis. Purdy, one for Charles R. Purdy, and one. containing $10,000, marked with the name of the witness she called his and instructed him: “If anything should happen to her (the meaning of which expression seems to have been well understood) to take possession of all that was in the safe and deposit…
2Cited by13 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Mutual Life Insurance v. HolleyNew York Court of Appeals · 1939
- Castle v. PersonsCourt of Appeals for the Eighth Circuit · 1902
- Rix v. HuntAppellate Division of the Supreme Court of the State of New York · 1897
- Carlon v. RyanCity of New York Municipal Court · 1911
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