Kirwin v. Malone
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas J. Malone, from a judgment-of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Rensselaer on -the 25th day of May, 1899, upon -the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of May, 1899, denying the defendant’s motion for a new'trial made upon the minutes.
1Opinion of the Court
Landon, J.:
The main question presented upon -this appeal is whether the recovery against the defendant is upon the cause of action stated in the complaint. We think it is upon a substantially different'cause of action.
After alleging that Julia Looney died September 7, 1897, intestate, and plaintiff’s subsequent appointment as administratrix, the complaint alleges that Julia Looney, prior to and at the dates hereinafter stated, had pn deposit in the National Bank of T'roy $3,591.68, and $3,000.06 in the Troy Savings Bank; that she was old, feeble, incompetent and insane; that the defendant…
2Cases cited3 opinions
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
- Reed v. . McConnellNew York Court of Appeals · 1892
- Martin v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1883
3Cited by8 opinions
- In re Letters of Administration Upon the GoodsNew York Surrogate's Court · 1911
- In re BilletNew York Surrogate's Court · 1919
- Allen v. De NyseAppellate Division of the Supreme Court of the State of New York · 1901
- Cunningham v. City of New YorkNew York Supreme Court · 1913
- Allen v. De NyseAppellate Division of the Supreme Court of the State of New York · 1901
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