Thompson v. Welde
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelaide Thompson, as administratrix, etc., of Henry Thompson, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 27th day of April, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 29tli day…
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Appeal by the plaintiff, Adelaide Thompson, as administratrix, etc., of Henry Thompson, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 27th day of April, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 29tli day of April, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
Mrs. Thompson, as the administratrix of her husband, brought this action to recover from the defendant a sum of money which she alleged had been deposited with the defendant upon the agreement that he should return it to her husband upon demand. The fact of the deposit was admitted by the answer, and the sole defense was that the money had been entirely paid back to the husband in his lifetime.
The pleadings were verified. Hpon a motion the defendant was required to serve a bill of particulars of the payments made by him *126to the intestate upon the said deposit, giving the dates and…
2Cited by3 opinions
- Van Gaasbeek v. StaplesAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Probate of the Last Will & Testament of CaseyNew York Surrogate's Court · 1925
- Waltenberg v. BernhardCity of New York Municipal Court · 1899