Legal Opinion

Meiggs v. Meiggs

New York Supreme Court

Decided October 15, 1878Published

Appeal from a judgment in favor of the plaintiff,'entered in the county of New York upon the report of a referee. The action was brought to recover certain bonds belonging to the plaintiff deposited with defendants, J. B. Cornell and J. M. Cornell, and which the latter claimed the right to hold, on the ground that they had been deposited with them to hold in trust for plaintiff’s children.

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Appeal from a judgment in favor of the plaintiff,'entered in the county of New York upon the report of a referee. The action was brought to recover certain bonds belonging to the plaintiff deposited with defendants, J. B. Cornell and J. M. Cornell, and which the latter claimed the right to hold, on the ground that they had been deposited with them to hold in trust for plaintiff’s children. The referee found, among other things, that, at the times hereinafter mentioned, the plaintiff resided and was engaged in business in the city of Lima, in the Eepublic of Peru, in South America, and the…

1Opinion of the Court

Daniels, J.:

The object of this action was the recovery of certain bonds placed by the defendant, Joseph S. Spinney, in the hands of the *457defendants, J. B. & J. M. Cornell, tobe held by them in trust for .the children of the plaintiff. These bonds were purchased py Spinney under the authority and direction of the plaintiff, and with the funds of the latter ; but, in support of the action, it has been insisted that the trust concerning .them was wholly unauthorized. In the presentation of the .case other and subordinate points have been discussed, but the point made upon the authority .exercised…

2Cases cited3 opinions

  1. Doty v. . WillsonNew York Court of Appeals · 1872
  2. Gilchrist v. StevensonNew York Supreme Court · 1850
  3. Geary v. PageThe Superior Court of New York City · 1862

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