Legal Opinion

Federal Insurance v. Fries

Civil Court of the City of New York

Decided May 20, 1974PublishedCited by 17 opinions

1Opinion of the CourtIrving Younger, J.

Several years ago, Herbert G. Fries died. A bank in Pennsylvania was Ms executor. The estate included various pieces of jewelry.

Defendant, a New York resident, was Mr. Fries’ heir. On December 12, 1967, in Pennsylvania, the bank delivered to him five rings worth $3,200. Defendant sold them to a Pennsylvania jeweler five months later. He did not know that the bank had made a mistake. The rings were not part of Mr. Fries’ estate; they were part of someone else’s estate.

61 August, 1969, the bank discovered its error and demanded that defendant return the rings. He did not. The bank thereupon…

2Cases cited20 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Poggi v. ScottCalifornia Supreme Court · 1914
  3. Gillet v. . RobertsNew York Court of Appeals · 1874
  4. United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
  5. Allred v. HinkleyUtah Supreme Court · 1958

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3Cited by17 opinions

  1. DeWeerth v. BaldingerCourt of Appeals for the Second Circuit · 1987
  2. Kunstsammlungen Zu Weimar v. ElicofonDistrict Court, E.D. New York · 1981
  3. Reger v. National Ass'n of Bedding Manufacturers Group Insurance Trust FundNew York Supreme Court · 1975
  4. Kunstsammlungen Zu Weimar v. ElicofonCourt of Appeals for the Second Circuit · 1982
  5. Woodlaurel, Inc. v. WittmanAppellate Division of the Supreme Court of the State of New York · 1993

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