Samuel Freeman Miller

“ It looks very much to us as if the box at the safe deposit vault, with a key in the possession of the son, who occupied the same office with the father, and in the light of other evidence in the case, was a contrivance by which the husband could use the bonds as his own when he desired, and assert them to be the property of the wife when that was more desirable. We are of opinion that plaintiff never had any real ownership or actual control, or any lawful right, to the bonds in suit. ”

“ The only act which she is ever said to have done or performed in person, asserting a claim to these bonds, is a notice to which her name is appended, to the defendants, some six months after the exchange of the bond and mortgage for the railroad bonds, in which she says they are her bonds, and forbids them to sell them. ”

“ The defendants are trustees under an assignment made by Thomas Upham for the benefit of his creditors. There passed to them by the assignment a bond for $250,000, made by Edward Matthews, the husband of plaintiff, and a mortgage on valuable real estate in the city of New York, to secure it. These were made payable to Nathan Matthews, brother of Edward, and by him assigned to Upham as security for a loan or loans made by Upham to Nathan Matthews. ”