Scott v. Simes
The Superior Court of New York City
This was an appeal from a judgment in favor of the plaintiff, on a verdict recovered on a trial before Mr. Justice Monorief, without a Jury, in April, 1862. This action was brought to recover possession of two promissory notes detained by the defendant, and which the plaintiff claimed constituted a part of the estate of his testator.
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This was an appeal from a judgment in favor of the plaintiff, on a verdict recovered on a trial before Mr. Justice Monorief, without a Jury, in April, 1862. This action was brought to recover possession of two promissory notes detained by the defendant, and which the plaintiff claimed constituted a part of the estate of his testator. The notes were dated, respectively, April 1, 1854, and January 1, 1857; one for six thousand dollars and the other for five thousand dollars, and were each payable to the order of Mrs. Mary Elizabeth Simes, the defendant, who was the wife of the plaintiff’s…
1Opinion of the Court
By the Court—Monell, J.
There can be no doubt, from the evidence in this case, that Simes intended to make a gift to his wife of the two promissory notes. The circumstance of his taking the notes payable to the order of his wife, would of itself sufficiently indicate the intention *320to make the gift. But if this were not so, the evidence of Sirs. Simes, which was not objected to, and which is nowhere contradicted, relieves the case from any doubt on that subject. She testifies to his declared intention to make the gift, and the adoption of the particular form in svhich it was made, was as…
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- Sanford v. . SanfordNew York Court of Appeals · 1871
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
- Abshire v. State ex rel. WilsonIndiana Supreme Court · 1876
- Fulton v. FultonNew York Supreme Court · 1866
- McElroy v. National Savings Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1896
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