Breed v. Breed
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah M. Breed, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 14th day of February, 1900, .upon the report of a referee appointed under section 2718 of ' the. Code of Civil Procedure dismissing the plaintiff’s claim against the estate of Byron M.'Breed, deceased.
1Opinion of the Court
Parker, P. J.:
On April 22, 1896, the deceased, Byron M. Breed, received the sum of $200, which was paid to him as the agent of this plaintiff, who is his mother, by one Harrington who was indebted to her upon a bond and mortgage for more than that amount. This fact is not disputed; but if the plaintiff had proved nothing more she would not have established a cause of action against the deceased for the money so received.' In the absence of any proof as to whether deceased had or had not paid to her the sum. which he so collected for her, the presumption of law would be that he had, rather…
2Cases cited3 opinions
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Kenyon v. KenyonNew York Supreme Court · 1895
- Beattie v. BeattieNew York Supreme Court · 1894
3Cited by1 opinion
- Ehrich v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1923