Cunningham v. . Davenport
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a portion of a judgment of the Special Term in favor of defendant. This action was brought to recover possession of certain savings bank books of deposit. The facts, so far as material, are stated in the opinion. The award of judgment to the defendant Davenport was error.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a portion of a judgment of the Special Term in favor of defendant. This action was brought to recover possession of certain savings bank books of deposit. The facts, so far as material, are stated in the opinion. The award of judgment to the defendant Davenport was error. (Young v. Young, 80 N. Y. 430; Beaver v. Beaver, 117 id. 421; 137 id. 59;, Mabie v. Bailey, 95 id. 206 ; Hamer v. Sidway, 124 id. 550; Conselyea v. Swift, 103 id. 231;…
1Opinion of the CourtBabtlett, J.
The plaintiff appealed from the judgment of the General Term, second department, which affirmed that part ■of the judgment of the Special Term adjudging that William B. Davenport, public administrator, as administrator of the goods, etc., of Patrick Cunningham, deceased, recover of the plaintiff a judgment for $2,830.15.
This case presented questions between other parties that were •determined by the judgment of the Special Term in plaintiff’s ■favor, and as to which no appeal is taken. In order to properly understand that portion of the Special Term judgment appealed from it is only necessary…
2Cases cited1 opinion
- Martin v. . FunkNew York Court of Appeals · 1878
3Cited by59 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Booth v. Oakland Bank of SavingsCalifornia Supreme Court · 1898
- Farleigh v. . CadmanNew York Court of Appeals · 1899
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of VaughanNew York Surrogate's Court · 1932
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