King v. . MacKellar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the first judicial department, entered upon an order made November 6, 1885, which affirmed a judgment in favor of plaintiff entered upon the decision of the court at Circuit upon a trial without a jury. The nature of the action and the material facts are sufficiently stated in the opinion. There was a sufficient ratification of the investment by plaintiff.
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Appeal from judgment of the General Term of the Supreme Court of the first judicial department, entered upon an order made November 6, 1885, which affirmed a judgment in favor of plaintiff entered upon the decision of the court at Circuit upon a trial without a jury. The nature of the action and the material facts are sufficiently stated in the opinion. There was a sufficient ratification of the investment by plaintiff. (94 N. Y. 321, 322.) This action is governed by the statute of limitations in . force before the Code of Civil Procedure went into effect. (Code of Civ. Pro. §§ 91, 3356, 414,…
1Opinion of the CourtGray, J.
When this case was before this court on a former occasion the judgment in the plaintiff’s favor was reversed, and a new trial granted, on the ground that the action being for a conversion by defendant of moneys intrusted to him by plaintiff, the exclusion of evidence tending to show honesty and good faith in defendant’s disposition of the moneys was erroneous. (94 N. Y. 317.) The plaintiff amended her com.plaint and, as amended, the action proceeded upon an undertaking of the defendant to safely and securely invest her moneys, for her benefit, upon good bond and mortgage. The trial judge…
2Cases cited5 opinions
- White v. . SpencerNew York Court of Appeals · 1856
- Nixon v. . PalmerNew York Court of Appeals · 1853
- Whitney v. . MartineNew York Court of Appeals · 1882
- Simser v. CowanNew York Supreme Court · 1868
- King v. . MacKellarNew York Court of Appeals · 1884
3Cited by25 opinions
- Faust v. HosfordSupreme Court of Iowa · 1903
- Julien J. Studley, Inc. v. Gulf Oil Corp.District Court, S.D. New York · 1968
- Collins v. . ButlerNew York Court of Appeals · 1904
- Crowley v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1904
- Mensforth v. Chicago Brass Co.Wisconsin Supreme Court · 1910
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