Van Gaasbeek v. Staples
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stephen Staples,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 20th day of October, 1902, upon the decision of the court, rendered after a trial at the Ulster Trial Term, adopting as part of it a special verdict on submitted questions after a dismissal of the complaint by direction of the court as to the defendant Cornelia H. Staples, and also from an order entered…
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Appeal by the defendant, Stephen Staples,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 20th day of October, 1902, upon the decision of the court, rendered after a trial at the Ulster Trial Term, adopting as part of it a special verdict on submitted questions after a dismissal of the complaint by direction of the court as to the defendant Cornelia H. Staples, and also from an order entered in said clerk’s office on the 15th day of October, 1902, denying the appellant’s motion for a new trial made upon the…
1Opinion of the Court
Chester, J.:
The question as to whether Abram H. Van Gaasbeek was mentally competent to execute the assignment of the bond and mortgage at the time he executed it was a question of fact to be determined in the case and was properly submitted to the jury and the evidence was abundant to support the verdict that he was not.
It is strongly urged by the appellant’s counsel that there was no evidence to justify the submission of the other question to the jury, .as to whether or not Abram was the owner of the bond and mortgage at the time he assigned the same to Stephen, the claim being, first, that…
2Cases cited3 opinions
- O'Connor v. . HugginsNew York Court of Appeals · 1889
- Sweetland v. . BuellNew York Court of Appeals · 1900
- Thompson v. WeldeAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- In re the Estate of ConnallyNew York Surrogate's Court · 1962
- In re the Estate of GourlayNew York Surrogate's Court · 1940
- In re the Estate of ShubertNew York Surrogate's Court · 1981
- In re the Estate of GilmanNew York Surrogate's Court · 1981
- In re Probate of the Will of FogartyAppellate Division of the Supreme Court of the State of New York · 1949