Legal Opinion · Concurrence

Milbank v. Jones

The Superior Court of New York City

Decided June 28, 1889Published

Appeal by plaintiff from judgment entered in favor of the defendant upon the verdict of a jury, and from order denying plaintiff’s motion for a new trial.

1Concurrence

Feeedman, J. (concurring.)

This action was brought to recover from, the defendant a certain sum of money with interest.

The complaint states that the sum of $5,000 was in June, 1866, received by the defendant, and that i't has ever since been held by him in trust for the plaintiff; that the conditions of the trust were such as to allow the plaintiff to terminate it at his election at any time thereafter; that in February, 1886, the trust was so terminated by a demand for the payment of the principal and accrued interest, and that the defendant refused payment.

The answer contains a general…

2Cases cited8 opinions

  1. Oscanyan v. Arms Co.Supreme Court of the United States · 1881
  2. Honegger v. . WettsteinNew York Court of Appeals · 1883
  3. Codd v. . RathboneNew York Court of Appeals · 1859
  4. Russell v. BurtonNew York Supreme Court · 1867
  5. Mechanics' Bank of Williamsburgh v. FosterNew York Supreme Court · 1865

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