Sheldon v. Heaton
New York Supreme Court
Appeal from special term, Clinton county. Action by John J. Sheldon, as administrator of Mary E. Sheldon, deceased, against Rufus Heaton. From an order striking out the denial in defendant’s answer as frivolous, defendant appeals.
1Opinion of the CourtMayham, P. J.
This action was prosecuted to recover upon an alleged writing, claimed to have been executed by the defendant, in the following words and figures:
“$178.33.
“Due Airs: M. E. Sheldon, one hundred and seventy-eight 33-100.
“Rouse’s Point, April 29, 1803. R. Heaton.”
The complaint alleges that the sum specified in the duebill above set out was deposited by Mrs. Sheldon, now deceased, with the defendant, at the date of that instrument, to keep for her, and that on the 20tli of June, 1893, plaintiff, as administrator, demanded payment of the same of the defendant, which was refused. The answer first…
2Cases cited7 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Bruce v. . BurrNew York Court of Appeals · 1876
- Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
- Jones v. . LudlumNew York Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Schlesinger v. WiseAppellate Division of the Supreme Court of the State of New York · 1905
- Gruenstein v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1896
- Breuchaud v. Bank of New York & Trust Co.New York Supreme Court · 1935
- Gruenstein v. BiersackAppellate Division of the Supreme Court of the State of New York · 1896
- Sheldon v. HeatonNew York Supreme Court · 1894