Holcomb v. . Holcomb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to set aside the assignment of a bond and mortgage executed by Homer Holcomb, plaintiff’s intestate, on the ground that, at the time of the execution thereof, the assignee was of unsound mind, also on the ground of undue influence. The facts so far as material are stated in the opinion. Witnesses, not experts, may testify…
1Opinion of the CourtDanforth, J.
The plaintiff averred, and the defendant by answer admitted that the bond and mortgage in question were assigned, transferred and delivered by Homer Holcomb, the plaintiff’s intestate, to the defendant: The plaintiff’s right to the relief sought in this suit depended upon his showing either that at the time the transfer was made, the assignor was imbecile, or unsound of mind, and mentally incompetent and incapacitated to make the same, or that the transfer was procured by the defendant by threats, oppression or other undue influence. These things are alleged in the complaint as the grounds of…
2Cases cited9 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Real v. . the PeopleNew York Court of Appeals · 1870
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- In Re the Application for the Probate of the Last Will of RossNew York Court of Appeals · 1882
- Simmons v. . SissonNew York Court of Appeals · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Holland v. NimitzTexas Supreme Court · 1922
- Queenan v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Freeman v. FreemanWest Virginia Supreme Court · 1912
108 more not listed; retrieve them via the Exa API.