Mason v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lelia Reed Mason, from, an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Allegany on the 23d day of September, 1902, substituting Mortimer W.. Potter, as executor of John C. Reed, deceased, as defendant in place of the present defendant.
1Opinion of the Court
Spuing, J.:
■ The action is commenced to compel the defendant to deliver to the plaintiff the bond, mortgage and assignment described in the complaint. It is alleged that these instruments were delivered to the defendant, as agent and trustee of the plaintiff, by one Reed, the mortgagee named in the said mortgage, to be delivered to the plaintiff, to whom the assignment ran, upon the death of the mortgagee,/who was her father. The complaint further alleges the death of the father and the wrongful refusal of the defendant to deliver to the plaintiff the bond, mortgage and assignment, which were…
2Cases cited2 opinions
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
3Cited by1 opinion
- O'Connor v. LockAppellate Division of the Supreme Court of the State of New York · 1912