Crosby v. Clark
New York Supreme Court
Appeal from judgment on report of referee. Claim by Benjamin Crosby against William H. Clark, as executor of John Gr. Wilkin, which was disputed by the executor, and referred under the statute. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment in favor of the-plaintiff, entered upon the report of a referee in a reference of a disputed claim under the statute. The plaintiff’s claim was for $1,000-given to the deceased, in 1884, for investment on a mortgage to be made by one Webster. The plaintiff claimed that the money was-not so invested, but appropriated by the deceased to his own use. That the money was left with defendant for investment in this intended mortgage, and that it was not so invested, no loan being made to Webster, was proved on the trial, and is, as we understand,, conceded by the…
2Cases cited1 opinion
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
3Cited by2 opinions
- Larson v. DawsonSupreme Court of Rhode Island · 1902
- Baker v. MooreAppellate Division of the Supreme Court of the State of New York · 1896