McCabe v. . Fowler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court, on trial without a jury. The nature of the- action and the facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court, on trial without a jury. The nature of the- action and the facts are set forth sufficiently in the opinion. Defendants’ testator did not exercise that care, diligence, prudence and caution in the care, management and preservation of the bonds, which he was by law bound to exercise, and his executors are liable. ( Walton v. Walton, 2 Abb. [N. S.] 428; 1 Keyes, 15; Montgomery v. Dunning, 2 Bradf. 220; Thompson v.…
1Opinion of the CourtMiller, J.
The plaintiff in this action seeks relief against the estate of William Fowler, deceased, for the negligence of the testator as an. executor of the estate, of Nathaniel Fish, deceased, in failing to collect certain government bonds belonging to said Fish’s estate. These bonds were left and deposited for safe keeping by Fish in his life-time with one Odell, his nephew, who purchased the bonds for Fish and was at the time a man of responsibility, good character and business habits, and considered entirely trustworthy. Upon the death of Fish in 1865, Fowler qualified as executor of his will and…
2Cases cited3 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Shook v. ShookNew York Supreme Court · 1855
- Walton v. WaltonNew York Court of Appeals · 1864
3Cited by29 opinions
- State v. HillNebraska Supreme Court · 1896
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978
- Norwood v. HarnessIndiana Supreme Court · 1884
- Caldwell v. Hanes (In Re Hanes)United States Bankruptcy Court, E.D. Virginia · 1997
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