Kilmer v. Quackenbush
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tlialas S. Kilmer, as executor, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 9th day of August, 1907, upon the dismissal of the complaint by direction of the court as to the defendant Anthony Quackenbush, and upon the verdict of a jury as to the defendant Maggie E. Quackenbush, and also from an order entered in said clerk’s office on. the 12th day of…
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Appeal by the plaintiff, Tlialas S. Kilmer, as executor, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 9th day of August, 1907, upon the dismissal of the complaint by direction of the court as to the defendant Anthony Quackenbush, and upon the verdict of a jury as to the defendant Maggie E. Quackenbush, and also from an order entered in said clerk’s office on. the 12th day of August, 1907, denying the plaintiffs motion for a new trial made upon the minute^.
1Opinion of the Court
Cochrane, J. :
The action is for money loaned by plaintiff’s testatrix to the two defendants, who are husband and wife. The amended answer consists of a denial of the loan and an allegation that the money alleged to have been loaned was a gift of the testatrix to the defendant Anthony Quackenbush.
At the trial plaintiff proved a check 'of the deceased on the Schenectady Savings Bank, payable to the defendant Maggie E. Quackenbush or bearer, and that it was presented to the bank and paid to her. He then called said Maggie E. Quackenbush as a witness and proved by her that the deceased was not…
2Cases cited1 opinion
- In re Judicial Accounting of BaldwinAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Russell v. AmlotAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Account of Proceedings of O'DonnellNew York Surrogate's Court · 1922