Adenaw v. . Piffard
New York Court of Appeals
Appeal from a judgment, entered May 16, 1910, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered May 16, 1910, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court at Trial Term erred in permitting the defendants, Pauline A. Piffard and D. Halsey Piffard, to testify to the making of the alleged contract with Mrs. McMillan over…
1Opinion of the CourtWillard Bartlett, J.
This is an action of replevin originally brought by Mrs. M. Emeline McMillan in her lifetime against the defendants, who are husband and wife, to recover the possession of certain chattels, the value of which is conceded to have been $2,215.70. The complaint alleged that the chattels were the property of the plaintiff, who was entitled to the possession thereof; but that the defendants became possessed of the same in June, 1899, and, though often requested to deliver them to the plaintiff before the commencement of the action, had refused and still refuse so to do.
The defendants in their…
2Cases cited1 opinion
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
3Cited by7 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- In Re the Estate of McMillanNew York Court of Appeals · 1916
- Werner v. WernerAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of McMillanAppellate Division of the Supreme Court of the State of New York · 1915
- Select Pictures Corp. v. Australasian Films, Ltd.District Court, S.D. New York · 1919
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