Partridge v. Kearns
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary A. Kearns, as administratrix of Ellen Donnelly, deceased, from a judgment of the Supreme Court in favG.yqf the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1898, upon-the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term, the court reserving the final decision until thé presentation of findings; and subsequently, having found certain facts and…
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Appeal by the defendant, Mary A. Kearns, as administratrix of Ellen Donnelly, deceased, from a judgment of the Supreme Court in favG.yqf the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1898, upon-the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term, the court reserving the final decision until thé presentation of findings; and subsequently, having found certain facts and conclusions of law, the court directed judgment in favor of the plaintiff for the sum paid into court.
1Opinion of the Court
Woodward, J.:
The evidence in this case establishes that Ellen Donnelly, defendant’s intestate, about four weeks prior to her death, gave into the *484possession-of Mrs. Cecilia Conroy a certain note, or writing for $200, to be safely kept until the said Ellen Donnelly,'who then resided in Astoria, should be able to go to Brooklyn. There was some evidence tending to establish, that she at- this time declared her intention .to give the said note to Mrs. Partridge, mother of the infants, for their benefit, but no directions were given to Mrs. Conroy at this time, except that she was to hold the note…
2Cases cited4 opinions
- Wadd v. . HazeltonNew York Court of Appeals · 1893
- Jackson v. Twenty-Third Street Railway Co.New York Court of Appeals · 1882
- Beaver v. . BeaverNew York Court of Appeals · 1893
- Gilbert v. Board of SupervisorsNew York Court of Appeals · 1892
3Cited by5 opinions
- Peterson v. WeinerCourt of Appeals of Texas · 1934
- Helmer v. HelmerSupreme Court of Georgia · 1924
- O'Gorman v. JolleySouth Dakota Supreme Court · 1914
- Orton v. TannenbaumNew York Supreme Court · 1920
- Partridge v. KearnsAppellate Division of the Supreme Court of the State of New York · 1898