Legal Opinion

Williams v. . Guile

New York Court of Appeals

Decided November 26, 1889PublishedCited by 32 opinions

Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of defendant, entered upon an order made December 30,1887, which denied a motion for a new trial and directed judgment in favor of defendant on a verdict, exceptions having been ordered to be heard at first instance at General Term. The nature of the action and the material facts are stated in the opinion.

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Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of defendant, entered upon an order made December 30,1887, which denied a motion for a new trial and directed judgment in favor of defendant on a verdict, exceptions having been ordered to be heard at first instance at General Term. The nature of the action and the material facts are stated in the opinion. This action is maintainable provided the defendant has no title to the policy. (Carver v. Creque, 48 N. Y. 385; N. T. Co. v. Gleason, 77 id. 408; Moses v. McFarlin, 2 Burr. 1005, 1012;…

1Opinion of the CourtGray, J.

This case presents a question whether a disposition of some personal property by the intestate, at a short time prior to his death, was valid, either as an executed gift inter vimos, or as a gift camsa mortis.

The plaintiff, as administrator of the intestate donor, brought the action to recover back the subject of the gift from the defend ant, on the ground that she had no valid title to it. Upon the facts, as developed on the trial, the judge presiding thereat ordered the jury to find a verdict for the defendant and the General Term have affirmed his action. The case made showed that about…

2Cases cited3 opinions

  1. Grymes v. . HoneNew York Court of Appeals · 1872
  2. Harris v. . ClarkNew York Court of Appeals · 1849
  3. Cagger v. . LansingNew York Court of Appeals · 1876

3Cited by32 opinions

  1. Devol v. DyeIndiana Supreme Court · 1890
  2. Opitz v. KarelWisconsin Supreme Court · 1903
  3. Leyson v. DavisMontana Supreme Court · 1895
  4. Hatcher v. BufordSupreme Court of Arkansas · 1895
  5. Hopkins v. RailroadTennessee Supreme Court · 1896

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