Lyon v. . Ricker
New York Court of Appeals
Appeal from judgment of tbe General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 29, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff commenced this action to recover from the defendant a certain deed alleged to have been executed by plaintiff’s father and delivered to defendant under instructions to deliver the same to the plaintiff upon the death of the grantor.
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Appeal from judgment of tbe General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 29, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff commenced this action to recover from the defendant a certain deed alleged to have been executed by plaintiff’s father and delivered to defendant under instructions to deliver the same to the plaintiff upon the death of the grantor. It was alleged in the complaint that the deed ivas executed and acknowledged by the grantor and that it conveyed about…
1Opinion of the CourtPeckham, J.
The answer in this case only puts in issue the allegation that the deed in question was confided to defendant to be by him delivered to the plaintiff upon the death of the grantor, and the further allegation' of a demand by plaintiff upon defendant for the possession of the deed since the death of the grantor.
It is claimed that the form of the denial is such that it does not make an issue, because it is alleged upon information and belief, while the matter denied is necessarily within the personal knowledge of the defendant. Without deciding the cpiestion of pleading, we prefer to base our…
2Cases cited3 opinions
- Hobart v. . HobartNew York Court of Appeals · 1875
- Vrooman v. KingNew York Court of Appeals · 1867
- White v. ChouteauNew York Supreme Court · 1850
3Cited by24 opinions
- People v. SettlesNew York Court of Appeals · 1978
- Smith v. Moore.Supreme Court of North Carolina · 1906
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- People v. . StorrsNew York Court of Appeals · 1912
- Tompkins v. . Fonda Glove Lining Co.New York Court of Appeals · 1907
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