Legal Opinion

Tompkins v. Leary

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

Decided October 8, 1909PublishedCited by 11 opinions

Appeal by the defendant, Thomas Leary, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 18th day of January, 1909, upon the verdict of a jury, and also from an order entered in said clerk's office on the 8th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

The defendant appeals from a judgment on a verdict at Trial Term for the plaintiffs, and from an order denying a new trial on the minutes. The action is to recover securities valued at $13,110, as a gift inter vivas made by Cartwright to the plaintiffs.. The defendant is the sole surviving executor of Cartwright, but is sued personally. He makes general denial.

The plaintiffs’ case rests mainly upon the testimony of Johnson, a servant in Cartwright’s house for 12 years. On July 20, 1906, Cartwright, aged 84 years, ill in his home, was about to be taken on that day to the hospital for…

2Cases cited6 opinions

Ridden v. . ThrallNew York Court of Appeals · 1891
In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
Grymes v. . HoneNew York Court of Appeals · 1872
Succession of PiffetSupreme Court of Louisiana · 1885
Bray v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1903

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

3Cited by11 opinions

United States v. BrownDistrict Court, S.D. New York · 1933
In re the Transfer Tax upon the Estate of HendricksAppellate Division of the Supreme Court of the State of New York · 1914
Anagnostou v. StifelAppellate Division of the Supreme Court of the State of New York · 1990
In re the Transfer Tax Upon the Estate of LoewiNew York Surrogate's Court · 1911
In re the Transfer Tax Upon the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 1923

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