Dunphy v. Callahan
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Edward J. Dunphy, as executor, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of February, 1905, denying the plaintiff’s motion to vacate and set aside a judgment theretofore entered herein or to modify it by striking therefrom the provision which charges him personally with the costs of the action.
1Opinion of the Court
Laughlin, J.:
This is an action by plaintiff, as executor, for the conversion of property of his testatrix. The property was not taken from the possession of the testatrix, but is alleged to have been taken and removed by the defendant immediately after her death. It is further alleged that defendant wrongfully refused to deliver the same to the plaintiff upon demand. The defendant denied the wrongful taking, and interposed a separate defense, alleging ownership in him. The cause was tried and the jury rendered a verdict in favor of the defendant. Upon this verdict defendant entered judgment…
2Cases cited6 opinions
- Buckland v. . GallupNew York Court of Appeals · 1887
- Hone v. . De PeysterNew York Court of Appeals · 1887
- Bingham v. . Marine National BankNew York Court of Appeals · 1889
- Mullen v. GuinnNew York Supreme Court · 1895
- Rooney v. BodkinAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re the Accounting of GrunerNew York Court of Appeals · 1946
- Leavitt v. Jas. F. Scholes Co.New York Court of Appeals · 1913
- Emmerich v. MayDistrict Court, S.D. New York · 1955
- Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911