Holmes v. Utter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur J. Holmes, from a judgment of the Supreme Court in favor of the defendant Cyrus B. Lincoln, as guardian ad litem, entered in the office of the clerk of the county of Delaware on the 14th day of December, 1920, upon the«decision of the court rendered after a trial without a jury at the Delaware Trial and Special Term, overruling the plaintiff’s demurrer to the answer and directing judgment of no cause of action in favor of the defendant.
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Appeal by the plaintiff, Arthur J. Holmes, from a judgment of the Supreme Court in favor of the defendant Cyrus B. Lincoln, as guardian ad litem, entered in the office of the clerk of the county of Delaware on the 14th day of December, 1920, upon the«decision of the court rendered after a trial without a jury at the Delaware Trial and Special Term, overruling the plaintiff’s demurrer to the answer and directing judgment of no cause of action in favor of the defendant. Appeal by the plaintiff, Arthur J. Holmes, from a judgment of the Supreme Court in favor of the defendant, Robert N. Utter,…
1Opinion of the Court
John M. Kellogg, P. J.:
The action was brought to recover possession of certain household furniture upon which the plaintiff held an unfiled chattel mortgage, given for the purchase price. Schloss, the mortgagor, died leaving the defendant Nettie Schloss, his widow, and the defendant Robert N. Utter is her guardian. He left no other property. The guardian collected $1,000 of insurance which she had upon the life of her husband, and.with it paid his funeral expenses and the cost of a cemetery lot and monument. The furniture being in her possession, she and her guardian claimed that she is a…
2Cases cited2 opinions
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- Davidson v. OsborneAppellate Division of the Supreme Court of the State of New York · 1912