Doheny v. . Lacy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 27, 1899, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its holding as to the burden of proof and failed to instruct the jury properly in reference thereto. (Siemon v. Wilson, 3 Edw.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 27, 1899, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its holding as to the burden of proof and failed to instruct the jury properly in reference thereto. (Siemon v. Wilson, 3 Edw. Ch. 36; Tucker v. Dean, 21 Wkly. Dig. 519; Toms v. Greenwood, 30 N. Y. S. R. 479; Green v. Roworth, 113 N. Y. 462; Matter of…
1Opinion of the CourtGray, J.
The plaintiffs have sued the respondent upon allegation's in their complaint, which charge him with an accountability to the estate of their intestate, for the value of certain shares of bank stock; for moneys received by him in connection with the possession of the bank stock.and for moneys loaned, or advanced, to him by the intestate. The defendant, admitting the possession of the bank stock and the fact of an indebtedness having existed to the intestate, as a defense to the plaintiffs’ claims, set up a written contract, whereby mutual claims held by each against the other had been adjusted…
2Cases cited2 opinions
- Whiting v. . BarneyNew York Court of Appeals · 1864
- Sears v. . ShaferNew York Court of Appeals · 1852
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- Wallace v. . WallaceNew York Court of Appeals · 1915
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Baumann v. . SteingesterNew York Court of Appeals · 1915
- Allen v. . La VaudNew York Court of Appeals · 1915
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