Meloy v. Meloy
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) by tbe plaintiff from an order of tbe Supreme Court of tbe District of Columbia denying a motion for judgment under tbe 73d Hule of that court. The Court in the opinion stated the facts as follows: This is a special appeal, taken from the refusal of the court below to enter a judgment for the plaintiff, Arthur N. Meloy, executor of Isabella N. Nourse, under the 73d rule of that court.
Read the full summary
Hearing on an appeal (specially allowed) by tbe plaintiff from an order of tbe Supreme Court of tbe District of Columbia denying a motion for judgment under tbe 73d Hule of that court. The Court in the opinion stated the facts as follows: This is a special appeal, taken from the refusal of the court below to enter a judgment for the plaintiff, Arthur N. Meloy, executor of Isabella N. Nourse, under the 73d rule of that court. The action is one of assumpsit brought by the appellant as executor under the will of Isabella L. Nourse, deceased, against the appellee, William A. Meloy, to recover the…
1Opinion of the CourtChief Justice Alvey
We think this refusal of the plaintiff’s motion was proper, under the circumstances disclosed by the affidavits of the parties. The defendant is shown to have been the agent and attorney of *241the deceased for several years prior to her death, and to have had in his hands and under his control a large amount of property, including a considerable sum of money.' It is not pretended that the services rendered in respect of this money and property by the defendant were to be gratis. And, having the money in his hands as attorney and agent, the defendant was entitled to deduct and retain a fair and…
2Cases cited7 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Dubois's AppealSupreme Court of Pennsylvania · 1861
- Frissell & Johnson v. HaileSupreme Court of Missouri · 1853
- Forsythe v. BeveridgeIllinois Supreme Court · 1869
- Hill v. BrinkleyIndiana Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.