Geary v. Page
The Superior Court of New York City
This is an appeal by the defendants, Daniel D. Page and Henry D. Bacon, from a judgment entered upon the report of John O. Sargeant, Esq., a Referee, in favor of the plaintiff, against the defendants, on the 16th of May, 1861, for $15,627.98. The action was brought against Daniel D. Page, Henry D. Bacon, David Chambers, Henry Haight and Frank W. Page, copartners, doing business as bankers at San Francisco, to recover a balance of upwards of $52,000, alleged to be due from…
Read the full summary
This is an appeal by the defendants, Daniel D. Page and Henry D. Bacon, from a judgment entered upon the report of John O. Sargeant, Esq., a Referee, in favor of the plaintiff, against the defendants, on the 16th of May, 1861, for $15,627.98. The action was brought against Daniel D. Page, Henry D. Bacon, David Chambers, Henry Haight and Frank W. Page, copartners, doing business as bankers at San Francisco, to recover a balance of upwards of $52,000, alleged to be due from the defendants to the plaintiff, for moneys collected and received by them from and for the account of the plaintiff. It…
1Opinion of the Court
By the Court—Monell, J.
The finding of the Referee that neither E. R. Geary, nor W. L. Geary was ever in possession of any of the vouchers, securities or moneys deposited by their father, with the defendants, appears to be fully sustained by the evidence. All the dealings with respect to these funds were with the plaintiff. Ho correspondence or other evidence showed any notice whatever to the plaintiff’s children of the deposit in their favor, nor does it appear that their right to the fund, was admitted or recognized by the defendants at any time during the series of years of their dealings…
2Cases cited4 opinions
- Tilton v. AlcottNew York Supreme Court · 1853
- Gilchrist v. StevensonNew York Supreme Court · 1850
- Judson v. GrayNew York Court of Appeals · 1859
- Allen v. RooseveltNew York Supreme Court · 1835
3Cited by6 opinions
- People ex rel. Kinney v. Board of SupervisorsNew York Supreme Court · 1870
- Tygard v. McCombMissouri Court of Appeals · 1893
- Blum v. HartmanNew York Court of Common Pleas · 1869
- Hammond v. ChristieThe Superior Court of New York City · 1867
- Meiggs v. MeiggsNew York Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.