Legal Opinion

McClure v. . Trask

New York Court of Appeals

Decided November 21, 1899PublishedCited by 1 opinion

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1897, sustaining an exception taken to the direction of a verdict in' favor of the plaintiff, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Life Union never had any title to the moneys paid by Levy to Law. (Met. Bank v. Heiron, L. R. [5 Ex.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 12, 1897, sustaining an exception taken to the direction of a verdict in' favor of the plaintiff, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Life Union never had any title to the moneys paid by Levy to Law. (Met. Bank v. Heiron, L. R. [5 Ex. Div.] 339 ; Lister v. Stubbs, L. R. [45 Ch. Div.] 1 ; Caussidiere v. Beers, 2 Keyes, 198 ; Conway v. Conway, 4 Misc. Rep. 312.) The surrender of his note by…

1Opinion of the CourtHaight, J.

This action was brought to recover the sum of one thousand dollars which the plaintiff claims belonged to the corporation and was improperly paid to the defendant. The defendant was formerly a director in the Life Union, but resigned on the first day of October, 1891. He was the holder of a one-thousand-dollar note issued by the Life Union corporation for the purpose of purchasing the business of the Flour City Association, which was not a binding obligation upon the Life Union. (McClure v. Law, 161 N. Y. 78 ; McClure v. Levy, 147 N. Y. 215.) After his resignation, one Moody, on behalf of the…

2Cases cited2 opinions

  1. McClure v. . LawNew York Court of Appeals · 1899
  2. McClure v. . LevyNew York Court of Appeals · 1895

3Cited by1 opinion

  1. McClure v. WilsonAppellate Division of the Supreme Court of the State of New York · 1902

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