Smith v. Lee

New York Supreme Court

Smith v. Lee

2 Thomp. & Cook 591

DecidedFebruary 15, 1874

StatusPublished

This text of 2 Thomp. & Cook 591 (Smith v. Lee) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Lee, 2 Thomp. & Cook 591 (N.Y. Super. Ct. 1874).

Pincite

Opinion

Barnard, P. J.

I think the court erred in sustaining thedemul-rer. The plaintiff avers facts sufficient to sustain his title to the note in question.

David P. Smith, deceased, deposited the money for which the note was given with defendant in the name of “ David P. Smith for [593]*593Charles F. Smith,” and took a note payable to deceased for plaintiff. This was a complete change of the title to the money. The deceased became a trustee for plaintiff, and, although the promise was made by Lee to pay the same to deceased, it was to him as trustee for the plaintiff.

The judgment should be reversed, and the demurrer overruled, with leave to defendant to answer over on payment of costs.

Judgment accordingly.

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

Barnard, P. J.

I think the court erred in sustaining thedemul-rer. The plaintiff avers facts sufficient to sustain his title to the note in question.

David P. Smith, deceased, deposited the money for which the note was given with defendant in the name of “ David P. Smith for [593]*593Charles F. Smith,” and took a note payable to deceased for plaintiff. This was a complete change of the title to the money. The deceased became a trustee for plaintiff, and, although the promise was made by Lee to pay the same to deceased, it was to him as trustee for the plaintiff.

The judgment should be reversed, and the demurrer overruled, with leave to defendant to answer over on payment of costs.

Judgment accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

2 Thomp. & Cook 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-lee-nysupct-1874.