Dutcher v. Dutcher
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Betsy Butcher, as administratrix of William Butcher, deceased, against Horatio S. Butcher. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
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Appeal from circuit court, Oswego county. Action by Betsy Butcher, as administratrix of William Butcher, deceased, against Horatio S. Butcher. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The plaintiff’s complaint alleges that William Butcher, at the time of his death, was the owner and in possession of the articles of personal property mentioned in the complaint; that they were of the value of $300; that he died in the town of Constantia, on the 6th day of March, 1893; that on the 8th of February, 1894,…
1Opinion of the CourtHarbin, P. J.
In March, 1893, William Butcher died, leaving, him surviving, his widow and five children; and on the 8th day of February, 1894, Betsy Butcher, his widow, was appointed his administratrix, and took upon herself the duties of such. After having made a demand of the personal property in the possession of the defendant, at the time such demand and such refusal thereof were made, and which are particularly described in the complaint, she brought this action for conversion of the same. In the third answer of the defendant it is alleged that on the 6th of March, 1893, the plaintiff and defendant,…
2Cases cited4 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Deobold v. . OppermannNew York Court of Appeals · 1888
- People v. . GirardNew York Court of Appeals · 1895
- Bellinger v. FordNew York Supreme Court · 1856
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- Murray's EstateOregon Supreme Court · 1910
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of GordonNew York Surrogate's Court · 1938
- Kelley v. Chenango Valley Savings BankNew York Supreme Court · 1896