The New York Weekly Digest of Cases Decided in the N.Y. Court of Appeals, and General Terms of the N.Y. Supreme, Common Pleas and Superior Courts Volume 16 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...for respt. Held, That defendant'stestator, by the diversion of the notes from the purpose for which they were intended, subjected himself to liability and plaintiff could maintain this action. 73 N. Y., 269; 12 N. Y., 313; 73 N. Y., 305. That plaintiff could bring action either for conversion or for money had and received. That plaintiff was not bound to pay back the ten per cent, of the notes received by him before commencing this action, since he was entitled to the agreed compensation for the use of his notes, having performed his part of the contract by loaning them. That the measure of damages was the value of the property transferred in payment of the judgment. That the judgment was paid by plaintiff's wife is no reason why plaintiff could not avail himself of such payment, since the assignment of his property to his wife could have been set aside as fraudulent. Judgment affirmed. Opinion by Brady, J.; Davis, P. J., concurs. SURROGATES. TRUSTEES. N.Y. Supreme Court. General Term. First Dept. In re accounting of Peter A. N. Jackson, trustee. Decided Jan. 17, 1883. Under the provisions of the Code of Civil Procedure the surrogate has jurisdiction to compel a testamentary trustee to render an intermediate account. In order to oust the surrogate of jurisdiction to proceed with the accounting an answer in compliance with 2805 of the Code must be filed and objection to the jurisdiction of the surrogate to proceed further must be taken. Appeal from decree of the Surrogate of the County of New York. The respondent, pursuant to 28t)3and 2804 of the Code of Civil Procedure, riled a petition with the surrogate for an intermediate account of appellant and to compel him to pay over certain income. Appellant filed an answer which did not contain ...