Penny v. Croul

Champlin, O. J.

(dissenting.) The plaintiff is the administrator of the estate of Philinda -Hurlbut, deceased, and a§,such brought this suit in assumpsit against the defendant to recover the value of 40 .United States government bonds, which plaintiff claims the deceased in her life-time placed in defendant’s hands for safe-keeping, to be redelivered to her on demand; and that she demanded them, and he refused to deliver them to her, but claimed that they were the property of the estate of Ohauncey Hurlbut, deceased, of which he was executor.

Ohauncey Hurlbut, at and prior to July 4, 1885, was…