Legal Opinion

Bray v. O'Rourke

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1903PublishedCited by 13 opinions

Appeal by the plaintiff, Ellen M. Bray, as administratrix, etc., of John Bray, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county ot Kings on the 8th day of December, 1902, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.

1Opinion of the Court

Jenks, J.:

The action is for a conversion of bonds. The defendant makes general denial, and further pleads that John Bray, the intestate of plaintiff, left the bonds with him for the support of his mother, Margaret Bray, with directions to deliver them to her upon the death of John Bray. During the trial the parties waived the jury, and submitted the case to the court. The court dismissed the complaint and adjudged that the bonds must be delivered to the administrator of Margaret Bray on the ground that John Bray had made a gift of them, inter vimos, to Margaret Bray. Margaret Bray died after…

2Cases cited18 opinions

  1. Young v. . YoungNew York Court of Appeals · 1880
  2. Benedict v. . ArnouxNew York Court of Appeals · 1898
  3. Harris v. . ClarkNew York Court of Appeals · 1849
  4. Heller v. . CohenNew York Court of Appeals · 1897
  5. Knox v. . JonesNew York Court of Appeals · 1872

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3Cited by13 opinions

  1. Sullivan v. SheaCalifornia Court of Appeal · 1916
  2. In re the Transfer Tax upon the Estate of MillsAppellate Division of the Supreme Court of the State of New York · 1916
  3. Tompkins v. LearyAppellate Division of the Supreme Court of the State of New York · 1909
  4. Orton v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1920
  5. Bishop's School Upon the Scripps Foundation v. WellsCalifornia Court of Appeal · 1937

8 more not listed; retrieve them via the Exa API.

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