La Grange v. Merritt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Magdalene I. Merritt, as executrix, etc., of Julia A. ,La Grange, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 8th day of January, 1904, upon the report of a referee. The facts of this case are substantially stated in the opinion written when the case was here on a former appeal and reported in 88 Appellate Division, 279.
1Opinion of the Court
Parker, P. J.:
Judging from the complaint in this action, the plaintiff -intended to bring an action for the wrongful conversion by the deceased committee, Julia La Grange, of property belonging to. the lunatic’s estate, to which he, the plaintiff, had succeeded as committee upon her death. If he had recovered upon this theory it is evident that this judgment could riot be: sustained. It is clear that no evidence was given upon the trial that would warrant any such action.
But the defendant, in answer to such complaint, has set up as a counterclaim various items, some consisting of debts…
2Cases cited2 opinions
- Cunningham v. HewittAppellate Division of the Supreme Court of the State of New York · 1903
- La Grange v. MerrittAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- In re the Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2002
- Cornwell v. SheldonAppellate Division of the Supreme Court of the State of New York · 1909