Levine v. Klein
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of Hew York, dismissing the complaint, and from an order denying a motion for a new trial.
1Opinion of the CourtGoff, J.
Set forth in the complaint are these allegations of fact: (1) the depositing of $500 with the defendant for the plaintiff; (2) his acceptance of and promise to hold it for her use and benefit and pay it to her; (3) that he still holds it and refuses to pay, though demand has been made, and (4) that the money is and at all times was the property of plaintiff. These were the issues tendered, and they were met by a general denial. On the trial, plaintiff testified that, after her marriage, she loaned to her husband $500 to he paid on demand. Subsequently she made demand and he said; “ Come to my…
2Cases cited9 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Denny v. LincolnMassachusetts Supreme Judicial Court · 1809
- Mason v. . PrendergastNew York Court of Appeals · 1890
- Rathbone v. StockingNew York Supreme Court · 1848
- Weston v. . BrownNew York Court of Appeals · 1899
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