Moore v. . American Loan and Trust Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1887, which affirmed a judgment in favor of defendant, The American Loan and Trust Company, entered upon a decision of the court on trial at "Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1887, which affirmed a judgment in favor of defendant, The American Loan and Trust Company, entered upon a decision of the court on trial at "Special Term. The nature of the action and the material facts are stated in the opinion. The judge erred in excluding ■evidence that the money received from the trust company was deposited to the credit of the defendant Mary Burrows Smith in the First National Bank of Albion, and drawn out upon her checks,…
1Opinion of the CourtDanforth, J.
The action is in equity to reclaim from the defendant the American Loan and Trust Company, for the estate of Roswell S. Burrows two hundred shares of the capital stock of the Miagara Falls International Bridge Company. The Special Term dismissed the complaint as against that defendant. During the life of Burrows the stock was his property and registered as such on the books of the company. He died on the 30th day of March, 1879, leaving a will by which he apj>ointed five persons his executors. Four qualified as such, and, among others, Albert S. Warner. One died, two appointed Warner to act…
2Cited by9 opinions
- Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
- Dry v. . ReynoldsSupreme Court of North Carolina · 1934
- Smith v. AndersonNew York Supreme Court · 1890
- Benedict v. ArnouxAppellate Division of the Supreme Court of the State of New York · 1896
- McKenna v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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