Smith v. Maine & Bentley
New York Supreme Court
MOTION for a new trial, upon a case. The action was brought to recover about $8000 worth of promissory notes, which the defendants claimed to hold as the administrators of George Bentley, deceased.
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MOTION for a new trial, upon a case. The action was brought to recover about $8000 worth of promissory notes, which the defendants claimed to hold as the administrators of George Bentley, deceased. The plaintiff claimed that Bentley gave the notes to him as a gift mortis causa, in his last illness and in expectation of death, on the 20th of April, 1854. The donor died on the 24th of April, 1854. The notes were delivered to the plaintiff at the time of the gift and retained by him until the 16th of May, 1854, when the defendants took possession of them, under an agreement with the plaintiff…
1Opinion of the Court
By the Court, Mason, J.
When actions had names, this would have been known as an action of trover, brought to recover for a package of promissory notes, the value of which, as admitted upon the trial, was $>8000. The plaintiff claimed title to the notes through an executed gift, or donatio causa mortis, from George Bentley. The defendants, who are the adminis-, trators of the estate of said Bentley, claim to hold the notes as a part of the assets of the estate of said Bentley. Upon the trial of the cause the plaintiff proved that George Bentley, a bachelor, 84 years of age, on the 20th day of…
2Cases cited5 opinions
- Arthur v. ArthurNew York Supreme Court · 1850
- Hunter v. HunterNew York Supreme Court · 1855
- Ryerss v. WheelerNew York Supreme Court · 1839
- Ryerss v. FarwellNew York Supreme Court · 1850
- Inhabitants of Milford v. Inhabitants of BellinghamMassachusetts Supreme Judicial Court · 1819
3Cited by4 opinions
- In re Final Account of SwadeAppellate Division of the Supreme Court of the State of New York · 1901
- Barnes v. PeopleAppellate Court of Illinois · 1887
- In re SwadeAppellate Division of the Supreme Court of the State of New York · 1901
- J & J Sports Productions, Inc. v. Golden Penny Industries, LLCDistrict Court, D. Nevada · 2020