Legal Opinion

Jones v. Perkins

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1898Published

Appeal from judgment on report of referee. Action by Rachel A.'Jones and Sisney S. Spring, as administrators of the estate of Samuel Jones, deceased, against William R. Perlcins and another. From a judgment dismissing the complaint, plaintiffs appeal. Appeal from a judgment entered upon the report of a referee in Wyoming county dismissing the plaintiffs’ complaint upon the merits, with costs.

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Appeal from judgment on report of referee. Action by Rachel A.'Jones and Sisney S. Spring, as administrators of the estate of Samuel Jones, deceased, against William R. Perlcins and another. From a judgment dismissing the complaint, plaintiffs appeal. Appeal from a judgment entered upon the report of a referee in Wyoming county dismissing the plaintiffs’ complaint upon the merits, with costs. Plaintiffs’ complaint alleges that on the 20th day of June, 1892, and for a number of years prior thereto, the defendant William R. Perkins was the owner in fee of, and the defendant Christina Perkins…

1Opinion of the CourtHardin, P. J.

To support the allegations of the complaint, the plaintiffs called Rachel A. Jones, one of the plaintiffs, the administratrix, as a witness, and she testified:

“Samuel Jones, deceased, and myself, went down to Mr. and Mrs. Perkins, the defendants, about July, 1892. On that occasion he and I sat and counted the money in one hundred dollar packages.. I would lay it on his knee as fast as it was counted. There was counted out §650. I counted it. That was at our home. On the next day Mr. Jones and I went down to the defendants’ house at Dale. Mr. and Mrs. Perkins, the defendants, and myself and…

2Cases cited8 opinions

  1. In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
  2. Martin v. . HillenNew York Court of Appeals · 1894
  3. McLaughlin v. . WebsterNew York Court of Appeals · 1894
  4. In re Account of ManhardtAppellate Division of the Supreme Court of the State of New York · 1897
  5. Bump v. PrattNew York Supreme Court · 1895

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