Legal Opinion

Empire Trust Co. v. Fell

New York Court of Appeals

Decided April 21, 1936PublishedCited by 7 opinions

1Per curiam

The following questions are certified:

On motion of plaintiff:

“ Are the facts alleged by the defendant in the first partial defense contained in the answer to the complaint herein sufficient in law to constitute a partial defense to the cause of action alleged in the complaint herein? ”

On motion of defendant:

“ 1. Are the facts alleged by the defendant in his second partial defense in his answer sufficient in law to constitute a partial defense to the cause of action alleged in the complaint herein?
“ 2. Are the facts alleged by the defendant in his third partial defense in his answer sufficient…

2Cases cited5 opinions

  1. Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
  2. In Re the Will of HillsNew York Court of Appeals · 1934
  3. Matter of FlaglerNew York Court of Appeals · 1928
  4. Claim of Lord v. Estate of HaslettNew York Court of Appeals · 1919
  5. In re BrownAppellate Division of the Supreme Court of the State of New York · 1925

3Cited by7 opinions

  1. Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
  2. In re the Final Accounting of NugentAppellate Division of the Supreme Court of the State of New York · 1937
  3. In re the Estate of SeelenNew York Surrogate's Court · 1976
  4. In re the Estate of FairbairnAppellate Division of the Supreme Court of the State of New York · 1977
  5. In re the Accounting of Kings County Trust Co.New York Surrogate's Court · 1948

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