Abbott v. Doughan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alice E. Doughan,'individually and as administratrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the l-6th day Of September, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of October, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
Plaintiff has brought this action to recover possession of a diamond ring, which she claimed to have loaned to James Doughan, defendant’s intestate. From a judgment entered upon the verdict of a jury in favor of plaintiff, and from an order denying defendant’s motion for a new trial, this appeal is taken.
One question only is raised by the appeal. This ring was purchased of one Ash, a jeweler, who was sworn as a witness for the plaintiff, and who testified in effect that the ring was purchased by the plaintiff and loaned to the defendant’s intestate; that such purchase and loan…
2Cases cited4 opinions
- Cary v. . WhiteNew York Court of Appeals · 1874
- Rank v. . GroteNew York Court of Appeals · 1888
- Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1899
- Rockwell v. PeckAppellate Division of the Supreme Court of the State of New York · 1897