Martin v. . Hillen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme . Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought by plaintiffs, as executrices of Anna Hillen, deceased, to recover damages for the alleged conversion of certain railroad bonds.
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Appeal from judgment of the General Term of the Supreme . Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought by plaintiffs, as executrices of Anna Hillen, deceased, to recover damages for the alleged conversion of certain railroad bonds. The facts, so far as material, are stated in the opinion. The court erred in excluding the evidence of the defendant relating to the property of his wife on the ground…
1Opinion of the CourtO’Brien, J.
The plaintiffs are the children by a prior marriage, and the personal representatives of the defendant’s deceased wife, who died in the year 1890, leaving a will. They have recovered judgment against the defendant for the conversion of seven railroad bonds of the value of $8,050, which it was alleged belonged to their testatrix at the time of her death. The only question litigated at the trial was, whether the bonds in fact were owned by the deceased at the time of her death, or by the defendant, her husband. On this question the evidence was almost entirely circumstantial. It tended to-…
2Cases cited1 opinion
- Simonson v. New York City InsuranceNew York Court of Appeals · 1894
3Cited by31 opinions
- In re the Estate of WoodNew York Court of Appeals · 1981
- Boyd v. . BoydNew York Court of Appeals · 1900
- Rogers v. . RogersNew York Court of Appeals · 1897
- Dellefield v. Blockdel Realty Co.Court of Appeals for the Second Circuit · 1942
- Stern v. LavenderDistrict Court, S.D. Illinois · 2018
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