Lewis v. . Merritt
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 October 22, 1886, which affirmed a judgment in favor ,of plaintiff, entered upon a verdict. This action was brought by plaintiff, as executor of the will of Charlotte J. Lewis, to recover damages for the alleged conversion of certain promissory notes belonging to the estate. The facts, so far as material, 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 October 22, 1886, which affirmed a judgment in favor ,of plaintiff, entered upon a verdict. This action was brought by plaintiff, as executor of the will of Charlotte J. Lewis, to recover damages for the alleged conversion of certain promissory notes belonging to the estate. The facts, so far as material, are stated in the opinion. The tortious taking alleged in the complaint was not proved. (Poucher v. Scott, 98 N. Y. 422; 33 id. 581.) The defendant is a competent…
1Opinion of the CourtFinch, J.
This case was tried, so far as evidence was admitted or rejected, under objections founded upon section 829 of the Code, substantially in accordance with our opinion rendered in the same case upon a previous appeal, except, possibly, as to a single inquiry. We then held that the question put to the defendant, and excluded, whether he took the notes “ from any trunk or any person,” was a competent and proper inquiry, mainly because it served to answer and contradict the evidence of the executor and the inferences which that evidence tended to establish. On this trial the defendant was asked…
2Cases cited2 opinions
- Grymes v. . HoneNew York Court of Appeals · 1872
- Grey v. . GreyNew York Court of Appeals · 1872
3Cited by32 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Jackson v. LamarWashington Supreme Court · 1912
- In Re the Accounting of ShermanNew York Court of Appeals · 1919
- MacKenzie v. SteevesWashington Supreme Court · 1917
- Metropolitan Casualty Insurance v. N. B. Lesher, Inc.Oregon Supreme Court · 1935
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