McBride v. Quinn Burial Co., Inc.

New York Court of Appeals

McBride v. Quinn Burial Co., Inc.

188 N.E. 24, 262 N.Y. 469, 1933 N.Y. LEXIS 988

DecidedMay 23, 1933

StatusPublished

This text of 188 N.E. 24 (McBride v. Quinn Burial Co., Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McBride v. Quinn Burial Co., Inc., 188 N.E. 24, 262 N.Y. 469, 1933 N.Y. LEXIS 988 (N.Y. 1933).

Pincite

Opinion

Per Curiam.

The evidence clearly shows receipt by defendant of the sum of $3,000. By reasonable inference the sum of $6,114.42 also was deposited to defendant’s credit, thus making the sum of $9,114.42 which defendant received. There is no proof and no fair inference that $3,847.22, constituting part of the amount for which action is brought, ever was received by defendant. From the sum of $9,114.42 must be deducted the sum of $2,517.04 deposited by defendant to the credit of plaintiff’s intestate and the sum of $4,600, the amount of the mortgage assigned by defendant to her.

The judgment should, therefore, be modified by reducing the recovery to the sum of $1,997.38, with interest thereon from July 7, 1925, and as so modified affirmed, with costs to the appellant in all courts. (See 262 N. Y. 561.)

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien and Crouch, JJ., concur; Hubbs, J., not sitting.

Judgment accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The evidence clearly shows receipt by defendant of the sum of $3,000. By reasonable inference the sum of $6,114.42 also was deposited to defendant’s credit, thus making the sum of $9,114.42 which defendant received. There is no proof and no fair inference that $3,847.22, constituting part of the amount for which action is brought, ever was received by defendant. From the sum of $9,114.42 must be deducted the sum of $2,517.04 deposited by defendant to the credit of plaintiff’s intestate and the sum of $4,600, the amount of the mortgage assigned by defendant to her.

The judgment should, therefore, be modified by reducing the recovery to the sum of $1,997.38, with interest thereon from July 7, 1925, and as so modified affirmed, with costs to the appellant in all courts. (See 262 N. Y. 561.)

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien and Crouch, JJ., concur; Hubbs, J., not sitting.

Judgment accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

188 N.E. 24, 262 N.Y. 469, 1933 N.Y. LEXIS 988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-quinn-burial-co-inc-ny-1933.