Dougall v. Dougall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Agnes M. Dougall, as administratrix, etc., of John H. Van Vechten, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 15th day of October, 1900, upon the report of a referee. The issue made is upon a claim made by the plaintiff against the defendant as administratrix, etc., of John H. Van Vechten, deceased, for moneys loaned upon two occasions.
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Appeal by the defendant, Agnes M. Dougall, as administratrix, etc., of John H. Van Vechten, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 15th day of October, 1900, upon the report of a referee. The issue made is upon a claim made by the plaintiff against the defendant as administratrix, etc., of John H. Van Vechten, deceased, for moneys loaned upon two occasions. This claim was rejected and by consent of the parties the issue was referred. The ref#]$e found that the plaintiff had failed to prove…
1Opinion of the Court
Smith, J.:
The judgment recovered is for moneys claimed to have been loaned by the plaintiff to the deceased on or about the 1st day of July, 1895. In support of this claim one Campbell is sworn to the effect that he was present at the time and saw the money delivered by the plaintiff to the deceased and heard the deceased say: “ I don’t know whether I will need this money or not. If I don’t have to use it I will return it in a few days, and if I do use it I will give you. something to show that I borrowed it of you.” The witness further swears that the sum was mentioned as $900. To confirm…
2Cases cited4 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Koehler v. . HughesNew York Court of Appeals · 1896
- Blashfield v. Empire State TelephoneNew York Court of Appeals · 1895
- Finton v. EgglestonNew York Supreme Court · 1891
3Cited by3 opinions
- Minns v. CrossmanNew York Supreme Court · 1922
- Old Colony Bondholders v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1947
- Old Colony Bondholders v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1947