Farmers' Loan & Trust Co. v. Wagstaff
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, The Farmers’ Loan and Trust Company, as trustee, and by the defendants, Mary A. Barnard Wagstaff and others, from an order of the Supreme Court, made at the Nassau Trial Term and entered in the office of the clerk of the county of Nassau on the 14th day of November, 1919, denying a motion on behalf of certain defendants to set aside the verdict of the jury and for a new trial made upon the minutes.
1Opinion of the Court
Mills, J.:
This is an appeal by the plaintiff and certain defendants other than the defendant Shelly (otherwise known as Barnard) from an order made at the Nassau Trial Term on October 13, 1919, denying appellants’ motion upon the minutes for a new trial of the framed issue, “ Was the said defendant Mary E. Barnard, sued herein as Mary G. Shelly, the lawful wife of George G. Barnard, deceased,” which had by the verdict of the jury been answered in the affirmative.
The action was brought by the plaintiff as trustee under a deed of trust, executed by the late George G. Barnard, to account and to…
2Cases cited3 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Washington v. . Bank for SavingsNew York Court of Appeals · 1902
- Bambauer v. SchleiderAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by21 opinions
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- Pink v. DempseyAppellate Court of Illinois · 1953
- Starkweather v. ConnerArizona Supreme Court · 1934
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- In re the Estate of Van ValkenburghNew York Surrogate's Court · 1927
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