Williams v. . Fitch
New York Court of Appeals
Appeal from the Supreme Court. The action was against the defendant as administrator of one Bennett. The com>laint was, that Bennett, at the time of his decease, was justly indebted to the plaintiff in the sum of $10,000, for so much money had and received of Fanny Bennett, an aunt of the plaintiff, as trustee for the plaintiff, to use the same for the plaintiff, and to account and pay to him therefor, with interest, and being so indebted, he, the said Bennett, promised, &c.
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Appeal from the Supreme Court. The action was against the defendant as administrator of one Bennett. The com>laint was, that Bennett, at the time of his decease, was justly indebted to the plaintiff in the sum of $10,000, for so much money had and received of Fanny Bennett, an aunt of the plaintiff, as trustee for the plaintiff, to use the same for the plaintiff, and to account and pay to him therefor, with interest, and being so indebted, he, the said Bennett, promised, &c. The answer was, that Fanny Bennett was the daughter of the defendant’s testator; that she never married, died intestate…
1Opinion of the Court
By the Court.
Comstock, J.
From the finding of the referee it appears that Frances, a daughter of Bennett, the defendant’s intestate, was entitled, at the time of her decease, to a considerable fund which had been for many years in the hands of her father. We have been asked on the argument to examine the evidence in the case in order to see whether it fully justifies this conclusion of the referee. It is not our province to consider the weight or sufficiency of the testimony. The conclusion being purely one of fact, we are bound to take it as it stands in the record. In regard to the…
2Cases cited2 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Parker v. CarterSupreme Court of Virginia · 1814
3Cited by72 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Latham v. Father DivineNew York Court of Appeals · 1949
- Alexander v. United StatesSupreme Court of the United States · 1891
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- People v. . AlfaniNew York Court of Appeals · 1919
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