Kent v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Leslie B. Wilson and another, doing business under the copartnership name of L. B. Wilson & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1911, as modified by an order entered on the 3d day of July, 1911, denying the defendants’…
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Appeal by the defendants, Leslie B. Wilson and another, doing business under the copartnership name of L. B. Wilson & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of June, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1911, as modified by an order entered on the 3d day of July, 1911, denying the defendants’ motion for anew trial made upon the minutes.
1Opinion of the Court
Jenks, P. J :
The plaintiff deposited $1,985.54 with the defendants, who are bankers and brokers, to be accounted for. The defendants heretofore have accounted for $985.54 thereof and this action is to recover the balance. The deposit represented the proceeds of policies payable to the plaintiff upon the life of plaintiff’s former husband, who died in the service of the defendants. - There is proof that for a period the defendants sent monthly statements of this account to the plaintiff, which were received without demur, and the contention of the appellants is that as thereby “a complete…
2Cases cited3 opinions
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1906
- Davis v. Seattle National BankWashington Supreme Court · 1898
- Bradley Fertilizer Co. v. South Publishing Co.New York Court of Common Pleas · 1892
3Cited by1 opinion
- Stocking v. Seed Filter & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1916