Legal Opinion

Ford v. . Livingston

New York Court of Appeals

Decided November 28, 1893PublishedCited by 7 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 30, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought to determine the title to a sum of money received by Stephen H. Olin as committee of Benjamin Page, a lunatic. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 30, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought to determine the title to a sum of money received by Stephen H. Olin as committee of Benjamin Page, a lunatic. The facts, so far as material, are stated in the opinion. As the $4,000 was collected by the committee of Benjamin Page during the latter’s lifetime, it is prima, facie to-be regarded as personal estate. (3 R. S.…

1Opinion of the CourtEarl, J.

Benjamin Page died in February, 1892. For several years before his death, and to the time of his death, he was a lunatic, and owned real estate abutting on the elevated road in the city of FTew York. In 1876 Stephen H. Olin was appointed the committee of his person and estate, and continued such until the time of the lunatic’s death. In 1888 Olin commenced an action against the elevated railway company to restrain it from maintaining and operating its road in front of the real estate of the lunatic; and he recovered a judgment restraining the railroad from operating its road in front of the…

2Cited by7 opinions

  1. In re the Final Judicial Settlement of the Accounts of McMillanAppellate Division of the Supreme Court of the State of New York · 1908
  2. Walrath v. AbbottNew York Supreme Court · 1894
  3. Snedeker v. EllisNew York Supreme Court · 1930
  4. Yarn Trading Corp. v. United Pads & Trim Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Brandreth v. BrandrethNew York Supreme Court · 1907

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