Scholey v. . Halsey
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department in favor of plaintiff, entered upon an order overruling exceptions and directing judgment upon a verdict.
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. Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department in favor of plaintiff, entered upon an order overruling exceptions and directing judgment upon a verdict. This action was brought originally against George Hart Mumford and Anne E. Mumford to recover a sum of money upon grounds stated in the complaint substantially as follows: On the 10th of September, Elizabeth G. Scholey died, leaving a will, under which the plaintiff, one Worcester, and George H. Mumford were appointed her executors. Worcester was removed, and Mumford died September 30, 1871,…
1Opinion of the CourtAndrews, J.
If it was necessary in this case to decide the question whether the original defendants, having received the money claimed in this action under and by virtue of the decision of the surrogate, made in a matter within his jurisdiction could be considered as having obtained it by duress, the question would deserve serious consideration before deciding it for the plaintiff. The plaintiff paid the money and the defendants received it, after the surrogate had decided upon a hearing of all the parties that the defendants were entitled to it.
Both parties, after the decision, maintained their original…
2Cases cited5 opinions
- Lott v. SwezeyNew York Supreme Court · 1859
- Union Bank v. . MottNew York Court of Appeals · 1863
- Garr v. . MartinNew York Court of Appeals · 1859
- Baird v. WalkerNew York Supreme Court · 1851
- Geisler and Weigand v. . AcostaNew York Court of Appeals · 1853
3Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Anderson v. BorderMontana Supreme Court · 1930
- Chambliss v. HassSupreme Court of Iowa · 1904
- Teasdale v. StollerSupreme Court of Missouri · 1896
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
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