Smith v. . Van Ostrand
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendant, entered upon an order denying plaintiffs’ motion for a new trial, and directing judgment upon an order dismissing plaintiffs’ complaint, granted on trial. (Reported below, 3 Hun, 450; 5 T. & C., 664.) This action was brought for the conversion of certain United States bonds.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendant, entered upon an order denying plaintiffs’ motion for a new trial, and directing judgment upon an order dismissing plaintiffs’ complaint, granted on trial. (Reported below, 3 Hun, 450; 5 T. & C., 664.) This action was brought for the conversion of certain United States bonds. The complaint alleged in substance, that Garret I. Smith, late of the county of Seneca, died on or about January 1,1864, leaving a last will and testament which contained this clause: “ First,give and…
1Opinion of the CourtRapallo, J.
On the trial of this action no evidence was introduced except the will of Garret I. Smith. After the reading of the will in evidence, the court dismissed the complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action; the averments of the complaint, as to matters dehors the will, must, therefore, for the purposes of the present appeal, be taken as true, and no reference to the answer is necessary or proper.
The complaint avers that Catharine, the widow of the testator, survived him, and obtained possession of the money mentioned in the will, and…
2Cases cited5 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
- Hill v. HillNew York Supreme Court · 1848
3Cited by96 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Pipe v. CommissionerUnited States Tax Court · 1954
- Bliven v. . SeymourNew York Court of Appeals · 1882
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
91 more not listed; retrieve them via the Exa API.