Sander v. Savage
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alfred E. Sander and another, as committee of the estate of Victoria Berger, an incompetent, from a judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of Kings on the 3d day of December, 19.01, upon the dismissal of the complaint by direction of the court at the Kings County Trial Term, upon the opening of counsel, and also from an order bearing date the 3rd day of December, 1901, and entered…
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Appeal by the plaintiffs, Alfred E. Sander and another, as committee of the estate of Victoria Berger, an incompetent, from a judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of Kings on the 3d day of December, 19.01, upon the dismissal of the complaint by direction of the court at the Kings County Trial Term, upon the opening of counsel, and also from an order bearing date the 3rd day of December, 1901, and entered in said clerk’s office, denying the plaintiffs’ motion for a new trial.
1Opinion of the Court
Hirschberg, J.:
The complaint was dismissed upon the opening of the case by counsel. The action is for trover. The plaintiffs sue as the committee of Victoria Berger, ail incompetent person, and the complaint alleges that on the 22d day of October, 1900, the defendants unlawfully took and removed from her possession certain chattels then belonging to her, -for the value of which judgment was demanded. On the opening of the case the counsel for plaintiffs stated that the incompetent had been judicially declared insane during a period of time overreaching the transaction in question; that the…
2Cases cited14 opinions
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Dexter v. HallSupreme Court of the United States · 1873
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Hughes v. . JonesNew York Court of Appeals · 1889
- Decker v. . MathewsNew York Court of Appeals · 1855
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3Cited by5 opinions
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- Schanck v. HooperNew York Supreme Court · 1916