Morgan v. Foran
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, Rollin M. Morgan, as executor, • etc., from a judgment of the Supreme Court in favor of the defendant, entered in-the office of the clerk of the county of Mew York on the 15th day- of January, 1906, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 12th day of December, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. " .
1Opinion of the Court
Houghton, J.:
' The action is for the conversion of certain moneys claimed to have belonged to plaintiff’s testatrix and which the defendant refused to deliver to- plaintiff on demand. ' Plaintiff as a witness in his own .behalf, testified that he had an interview with the. defendant shortly after the decease of the testatrix,- in which the defendant admitted to - him that she had in her hands certain moneys which were the property of the testatrix,- which she was ready to turn over to him as executor, and that she delivered a part, but refused to turn over the balance, for which this action…
2Cases cited3 opinions
- Cole v. . SweetNew York Court of Appeals · 1907
- Rogers v. . RogersNew York Court of Appeals · 1897
- Russell v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Estate of Sternberg v. SternbergAppellate Division of the Supreme Court of the State of New York · 1981
- In re Farley's EstateNew York Surrogate's Court · 1915
- Walter W. Oeflein, Inc. v. VoellWisconsin Supreme Court · 1935