Crawford v. Nassoy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Polly Lavinia' Crawford, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Allegany on the 26th day of June, 1900, upon the decision of the court, rendered after a trial at the Allegany Special Term, sustaining the defendant’s demurrer to the complaint and dismissing the complaint.
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Appeal by the plaintiff, Polly Lavinia' Crawford, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Allegany on the 26th day of June, 1900, upon the decision of the court, rendered after a trial at the Allegany Special Term, sustaining the defendant’s demurrer to the complaint and dismissing the complaint. The complaint alleges that plaintiff is the widow of Alfred Crawford, who died intestate on the 16th'day of February, 1898, leaving-no minor child him surviving and no property “ except the sum of about one hundred and…
1Opinion of the Court
Laughlin, J.:
’ This is an action for conversion, and unlike a suit in equity it can be maintained if plaintiff is the owner and entitled to the immediate possession of the property, notwithstanding that there may be another adequate remedy. Under the complaint the only theory on which plaintiff can claim ownership of the property or the right to possession thereof is by virtue of the provisions of section 2713 of the Code of Civil Procedure. So far as material here that section provides as follows:
“ If a man having a family die, leaving a widow or minor child or children, the following…
2Cases cited16 opinions
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- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
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- Carter v. HinkleSupreme Court of Alabama · 1848
- Fox v. BurnsNew York Supreme Court · 1852
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