Poucher v. . Scott
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 May 30,1884, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Beported below, 33 Hun, 223.) This action was brought to recover $2,000 and interest, alleged to have been loaned by Bobert F. Childs, plaintiff’s testator, to Bobert Scott, defendant’s testator.
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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 May 30,1884, which affirmed a judgment in favor of defendant, entered upon the report of a referee. (Beported below, 33 Hun, 223.) This action was brought to recover $2,000 and interest, alleged to have been loaned by Bobert F. Childs, plaintiff’s testator, to Bobert Scott, defendant’s testator. The 'answer was a general denial of the allegations of the complaint, and also set up various counter-claims substantially stated in the complaint. Plaintiff’s evidence was to…
1Opinion of the CourtFinch, J.
The referee was able to find from the evidence, that the two checks payable to bearer, and the money they represented, were, on the fifth of June, the property of Childs, and on the next day were in the possession and apparent ownership of Scott. There was no evidence showing the manner or consideration of this change of ownership. No proof warrants a finding that they passed directly from Childs to Scott, and upon some consideration moving between them. The most that can be said is that such transfer, in view of the brief interval between the ownership of one and the possession of the other,…
2Cases cited1 opinion
- Koehler v. . AdlerNew York Court of Appeals · 1879
3Cited by18 opinions
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Anderson v. DunnSouth Dakota Supreme Court · 1942
- Miller v. MillerMissouri Court of Appeals · 1913
- Nichols v. StateNebraska Supreme Court · 1896
- Horgan v. IndartNevada Supreme Court · 1917
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