Segelken v. . Meyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 22 Hun, 6.) This action was brought to recover for moneys alleged in the complaint to have been received by defendant, an attorney and counselor, “in a fiduciary capacity,” which belonged to the plaintiff as next of kin of John F., Adeline and Mary S. Segelken, deceased. The material facts are stated in the opinion. If the…
1Opinion of the CourtRapallo, J.
John P. Segelken died in 1864 intestate, leaving a widow, Gesche Segelken, and five infant children, of whom the plaintiff is one. The' widow, who was also mother of the children, was appointed administratrix of the estate of her husband, and general guardian of the children, by the surrogate of the county of Hew York, and the defendant acted as proctor and counsel for her as such administratrix and guardian, in the settlement of the estate, as well as in her other affairs, and continued so to act from a short time after the death of the intestate, until January, 1873. A settlement of her…
2Cases cited8 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Cagger v. . LansingNew York Court of Appeals · 1876
- Woodin v. BagleyNew York Supreme Court · 1835
- Wood v. . HenryNew York Court of Appeals · 1869
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3Cited by47 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Williams v. CleavelandSupreme Court of Connecticut · 1904
- In re the Judicial Settlement of the Account of Proceedings of Van KleeckNew York Surrogate's Court · 1916
- Moore v. FlaggAppellate Division of the Supreme Court of the State of New York · 1910
- Barber v. RoweAppellate Division of the Supreme Court of the State of New York · 1922
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