Simon v. Simon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary E. Simon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1897, upon the verdict of a jury, and also from an order entered in .said clerk’s office on the 10th day of January, 1898, denying:the' defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Woodward, J. :
This action is brought by the plaintiff, husband of the defendant, for conversion of certain goods: Originally defendant’s sister was a party defendant, but having died since its commencement • the action proceeded against the defendant alone.
There is no question raised- on the appeal as to the right of the husband to maintain this action, and the principal matters to which the attention of the court is directed are questions of fact, which have been determined by the jury in favor of. the plaintiff, upon evidence clearly warranting such conclusion.- There were two questions…
2Cases cited4 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Smith v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1897
- Petrie v. StarkNew York Supreme Court · 1894
- Phillips v. McNabNew York Court of Common Pleas · 1890
3Cited by3 opinions
- Bahr v. BoleyAppellate Division of the Supreme Court of the State of New York · 1900
- Price v. Evans, New York County Courts1934
- Smalling v. JacksonAppellate Division of the Supreme Court of the State of New York · 1909