Wallace v. . Berdell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of the orginal plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of the orginal plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought originally by Francis B. Wallace and John F. Phillips composing the firm of F. B. Wallace & Co. Phillips having died during the pendency of the action it was continued by Wallace as surviving partner. The latter died after judgment and pending the appeal, and the present plaintiff, his executrix, was…
1Opinion of the CourtRapallo, J.
The decision of this appeal turns upon the question of the delivery of the trust deed of December 12,1862, from Robert H. Berdell to S. C. Parkhurst. The trial court found that this deed was inoperative for want of delivery, but the appellants claim that this finding was erroneous as matter of law. If this point is sustained, and the uncontroverted evidence so far established a delivery of the deed that the defendants Charles and Lizzie could have maintained an action against their father for the trust property appropriated by him to his own use, then the subsequent conveyances made by him to…
2Cases cited7 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Scrugham v. WoodNew York Supreme Court · 1836
- Fisher v. . HallNew York Court of Appeals · 1869
- Arnold v. PatrickNew York Court of Chancery · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- United States v. St. ClairDistrict Court, E.D. New York · 1968
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Eckenrode v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Payne v. PayneSupreme Court of Virginia · 1920
34 more not listed; retrieve them via the Exa API.