English v. Rumsey
New York Supreme Court
Appeal from an order made at Special Term confirming tbe. report of a referee, to whom, under the statute, a disputed claim against the estate of John Rumsey, deceased, had been referred. The plaintiff had been indicted for a felony, in poisoning sheep of one Tichenor. He had also been sued by Tichenor for damages, connected with the same matters. Prior to September, 1881, the civil action had been tried and a verdict rendered in favor of English, the defendant therein.
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Appeal from an order made at Special Term confirming tbe. report of a referee, to whom, under the statute, a disputed claim against the estate of John Rumsey, deceased, had been referred. The plaintiff had been indicted for a felony, in poisoning sheep of one Tichenor. He had also been sued by Tichenor for damages, connected with the same matters. Prior to September, 1881, the civil action had been tried and a verdict rendered in favor of English, the defendant therein. Some steps had been taken to appeal'. In September, 1881, the Court of Sessions was sitting, and the civil action was…
1Opinion of the Court
LeabNed, R. J.:
'Whether we take the statement of Mr. McGuire or of Mr. Elston, the terms on which the money was deposited do not seem to have been complied with, in such a manner as to give the plaintiff a right to it. We are to see what obligation Rumsey assumed; because it is not proved that he knew anything of the arrangement made between the parties beforehand. Mr. McGuire says that he was to let Rumsey know to which one of the two the money was to be paid. There is no evidence that Mr. McGuire ever directed Rumsey to pay it to either of them. And if Rumsey took the money to hold until…
2Cases cited5 opinions
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Merritt v. MillardNew York Court of Appeals · 1868
- Morgan v. GroffNew York Supreme Court · 1848
- Staples v. . GouldNew York Court of Appeals · 1854
- Bettinger v. BridenbeckerNew York Supreme Court · 1865