Mercantile Safe Deposit Co. v. Dimon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Martha Keery from so much of a judgment of the Supreme Court in favor of the defendant Charles L. Dimon, as administrator, etc., of Stephen 0. Dimon, deceased, entered in the office of the' cleric of the county of New York on the 20th day of September, 1899, upon the decision of the court rendered after a trial at the New York Special Term, as follows: First.
Read the full summary
Appeal by the defendant Martha Keery from so much of a judgment of the Supreme Court in favor of the defendant Charles L. Dimon, as administrator, etc., of Stephen 0. Dimon, deceased, entered in the office of the' cleric of the county of New York on the 20th day of September, 1899, upon the decision of the court rendered after a trial at the New York Special Term, as follows: First. From that part of said judgment which provides as follows : “ It is further “ Ordered, Adjudged and Decreed, that the plaintiff, the Mercantile Safe Deposit Company, deliver to the defendant Charles L. Dimon, as…
1Opinion of the Court
Rumsey, J.:
The action is interpleader brought by .the safe deposit company to determine the ownership of the contents of one of its boxes. The interpleaded defendants were Martha Keery on the one part and Charles Dimon, as administrator of Stephen C. Dimon, on the other; and the question was, which of these parties was entitled to the ownership of a tin box and its contents, which was deposited in one of the safes of the plaintiff which had been rented by Stephen Dimon in his lifetime. Mrs. Keery claimed that on the fifth of January, at the time of his last illness, Stephen Dimon gave to *541her…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Bush v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1900
- Mahoney v. JonesAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Blaut v. BlautNew York Supreme Court · 1903
- Walter W. Oeflein, Inc. v. VoellWisconsin Supreme Court · 1935