Worth v. . Case
New York Court of Appeals
Appeal from an order of the General Term, second district, reversing a judgment of the Special Term, and ordering a new trial. ■ The trial was had before a referee, appointed in pursuance of the stipulation of the parties, with the approval of tlio surrogate of the county of Suffolk.
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Appeal from an order of the General Term, second district, reversing a judgment of the Special Term, and ordering a new trial. ■ The trial was had before a referee, appointed in pursuance of the stipulation of the parties, with the approval of tlio surrogate of the county of Suffolk. The claim was for $10,000, and interest, on a note for that amount, executed by the testator to the plaintiff, and on the trial the following facts appeared: The plaintiff and the testator were sister and brother; and during all the transactions between them, the plaintiff’ resided in Corning, in the county of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The will of Theron B. Worth was given in evidence before the referee, and it contained various devises and bequests which I have not set forth specifically; but in the view which I take of the case, I deem them to be entirely immaterial.
The transfer of the note from the testator to the plaintiff was not in the nature of a gift causa mortis; for independent of its being founded upon some consideration, the testator, when he executed it, was not the subject of any…
2Cited by39 opinions
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Hall v. Bank of BlasdellNew York Court of Appeals · 1954
- Earl v. . PeckNew York Court of Appeals · 1876
- Corporacion Venezolana De Fomento v. Vintero Sales Corp.District Court, S.D. New York · 1978
- Bade v. FeayWest Virginia Supreme Court · 1907
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