Lewis v. . Merritt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court, in the fourth judicial department, entered upon an order made January 23, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as executor of the will of Charlotte J. Lewis, deceased, to recover damages for the alleged conversion of certain promissory notes belonging to the estate. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme ■Court, in the fourth judicial department, entered upon an order made January 23, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as executor of the will of Charlotte J. Lewis, deceased, to recover damages for the alleged conversion of certain promissory notes belonging to the estate. The facts, so far as material, are stated in the opinion. The plaintiff, as executor and principal legatee, having given evidence concerning a transaction between the deceased and the…
1Opinion of the Court
Huger, Ch. J.
The plaintiff, suing as executor of the estate of his mother, Charlotte J. Lewis, was called as a witness on the trial, to sustain the action, and testified that the notes, for the conversion of which suit was brought, were, for some time previous to his mother’s death, kept in a tin trunk under the bed in the room occupied by her, and that he saw them there upon the morning before she died; that, upon examining the trunk on the following morning, he found that the notes had been abstracted. They were afterward found in defendant’s possession, who, when they were demanded of him,…
2Cases cited1 opinion
- Pinney v. . OrthNew York Court of Appeals · 1882
3Cited by29 opinions
- State v. MurphyWisconsin Supreme Court · 1906
- Dellefield v. Blockdel Realty Co.Court of Appeals for the Second Circuit · 1942
- Corning v. . WalkerNew York Court of Appeals · 1885
- In re Bedlow's WillNew York Supreme Court · 1893
- Adler v. LeveneAppellate Division of the Supreme Court of the State of New York · 1920
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