Legal Opinion

Griswold v. . Hart

New York Court of Appeals

Decided May 7, 1912PublishedCited by 39 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1911, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Fred C. Hart was a competent witness under section 829 of the Code.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1911, reversing a judgment in favor of defendant entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Fred C. Hart was a competent witness under section 829 of the Code. He was interested in the event, hut he did not testify to a personal transaction or communication between himself and the deceased. (Simmons v. Sisson, 26 N. Y. 264; O’Brien v. Weiler, 140 N. Y. 281; Hutton v.…

1Opinion of the Court

Cullen, Ch. J.

The action was brought to recover two certificates of deposit, one for a thousand dollars and the other for five hundred dollars, and a deposit book in the Mechanics Society, a savings bank, all of which instruments were in the name of the plaintiff’s intestate, but in the possession of the defendant’s intestate, who was alive and testified on the trial in his own behalf, but died pending this appeal. There was no indorsement or written assignment of the securities. The defendant’s intestate had married a daughter of the plaintiff’s intestate. She died intestate without issue…

2Cases cited19 opinions

  1. Schuyler v. . SmithNew York Court of Appeals · 1873
  2. Holcomb v. . HolcombNew York Court of Appeals · 1884
  3. Lobdell v. . LobdellNew York Court of Appeals · 1867
  4. Badger v. . BadgerNew York Court of Appeals · 1882
  5. Cary v. . WhiteNew York Court of Appeals · 1874

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3Cited by39 opinions

  1. Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
  2. Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
  3. In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
  4. McCarthy v. WoolstonAppellate Division of the Supreme Court of the State of New York · 1924
  5. McCurley v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1919

34 more not listed; retrieve them via the Exa API.

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