Legal Opinion

Savage v. . O'Neil

New York Court of Appeals

Decided May 1, 1871PublishedCited by 62 opinions

Appeal from an order of the General Term of the Supreme Court, in the seventh district, granting a new trial. The cause, was tried at the Monroe Circuit by the court and a jury. This was an action of trespass against the defendant for taking a quantity of goods from a store in the city of Rochester. The plaintiff is the wife of Maurice A. Savage.

Read the full summary

Appeal from an order of the General Term of the Supreme Court, in the seventh district, granting a new trial. The cause, was tried at the Monroe Circuit by the court and a jury. This was an action of trespass against the defendant for taking a quantity of goods from a store in the city of Rochester. The plaintiff is the wife of Maurice A. Savage. The defendant justified the taking as a constable and by virtue of executions and judgments against the husband, claiming that the property belonged to him. The proof showed that for two years prior to January 2, 1862, Maurice A. Savage was the owner…

1Opinion of the Court

Earl, C.

The evidence shows that the plaintiff received money from her mother in Russia when she was twenty-one year’s old; that she had been married sixteen years; and that she left Russia six years before the trial, and came to Rochester, and had lived there since. She kept some of the money in a savings bank and some in her own possession, and from time to time loaned some to her husband, and he repaid it to her. On the 2d day of April, 1861, she loaned him of this money $800 and took his note, payable in eight months, and in September of the same year she loaned him $420 and took his note,…

2Cases cited8 opinions

  1. New Orleans v. United StatesSupreme Court of the United States · 1836
  2. Monroe v. . DouglassNew York Court of Appeals · 1851
  3. Babcock v. . EcklerNew York Court of Appeals · 1862
  4. Winans v. . PeeblesNew York Court of Appeals · 1865
  5. Borst v. . SpelmanNew York Court of Appeals · 1850

3 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
  2. Cuba Railroad v. CrosbySupreme Court of the United States · 1912
  3. International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
  4. Brown v. . KnappNew York Court of Appeals · 1879
  5. Monroe v. . DouglassNew York Court of Appeals · 1851

57 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API