Mason v. . Prendergast
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 188J, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 188J, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was founded upon the alleged facts that Catharine Mason held, as trustee for the plaintiff, $1,050, and, without her knowledge and consent, gave that- money to the defendant, who received it with knowledge that it was so held by Catharine, and that he liad refused to pay the same over to plaintiff. The material facts are stated in…
1Opinion of the CourtBradley, J.
The evidence on the part of'the plaintiff was mainly furnished by the testimony of Catharine Mason, sister of the plaintiff, to the effect that Bridget Prendergast, the mother of the defendant, gave to her and the plaintiff $2,100 consummated by the delivery of that amount of currency to Catharine, with direction to deliver one-half of it to the plaintiff ; that Catharine received the money pursuant to such gift and direction, and so advised the plaintiff, for whom, by consent of the latter, she held the one-half subject to her order. The donor died nearly a year afterward, and while the…
2Cases cited1 opinion
- Stall v. . WilburNew York Court of Appeals · 1879
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- People ex rel. First National Bank v. SchadtAppellate Division of the Supreme Court of the State of New York · 1932
- Reich v. SpiegelNew York Supreme Court · 1955
- Ætna Insurance v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
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