Chaloner v. Sherman
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, entered upon the verdict of a jury directed by the court in favor of defendant in error* who was the defendant below.
1Opinion of the Court
MAYER, District Judge.
Chaloner, who was adjudicated an incompetent by the Supreme Court of the state of New York in 1899, brought this action in 1904 to recover damages against Sherman, who was appointed his committee in 1901, for alleged wrongful withholding of and refusal to turn over on April 4, 1904, Chaloner’s property then in Sherman’s custody as committee.
The numerous assignments of error, because of exclusion of testimony by the trial court, are based upon the theory that this court has power to set aside the judgment of the New York Supreme Court. The sole question is whether- that…
2Cases cited17 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Simon v. CraftSupreme Court of the United States · 1901
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Matter of BlewittNew York Court of Appeals · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- Hanson v. HansonCourt of Appeals for the Second Circuit · 1916
- Davis v. ConeSupreme Court of Oklahoma · 1926
- National Life Insurance v. JayneDistrict Court, W.D. Oklahoma · 1942