Case v. Spencer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harold E. Spencer, administrator with the will annexed of the estate of L. R. Bacon, deceased, from an order of the Surrogate’s Court of Westchester county, entered in said Surrogate’s Court on the 16th day of May, 1903, directing said defendant to deliver to the respondent herein certain property in his possession.
1Opinion of the Court
Jenks, J.:
The petitioner shows that he deposited with Bacon for safekeeping certain securities and money, both returnable npon demand; that, upon Bacon’s death, Bacon’s administrator, o. t. a., the respondent, took possession of them, collected the dividends thereof, and, notwithstanding a demand, refuses to deliver up securities, money or dividends. The respondent deposes that he has no knowledge or information sufficient to form a belief as to the allegations of deposit or its term's, denies that he has taken possession of the securities or that they have come into, his possession as…
2Cases cited4 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- Marston v. PauldingNew York Court of Chancery · 1842
- M'Laughlin v. Waite & WaiteNew York Supreme Court · 1827
- Thompson v. MottNew York Surrogate's Court · 1882