Legal Opinion

Trust Co. of America v. State Safe Deposit Co.

New York Court of Appeals

Decided January 15, 1907PublishedCited by 6 opinions

Appeal from a final judgment entered February 16, 1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.

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Appeal from a final judgment entered February 16, 1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The action was brought by the Trust Company of America as committee of the estate of Alphonse J. Stephani, a convicted person sentenced to the state prison for life, to recover, from the defendant certain stocks, bonds, cash and other personal property belonging to said life convict and alleged to have been deposited by him in a safe deposit box in…

1Opinion of the CourtWillard Bartlett, J.

The special proceeding which resulted in the appointment of the plaintiff corporation as committee of the estate of Alphonse J. Stephani, a life convict, was instituted and carried to a conclusion under chapter 401 of the Laws of 1889, which is entitled “An act to provide for the care and custody of the estates of persons when sentenced to State prison for life.”

The question raised by the demurrer to the complaint, and which we are required to determine upon this appeal, is whether the Supreme Court in 27ew York county, which made the final order appointing the committee, had jurisdiction to…

2Cases cited1 opinion

  1. Gridley v. . College of St. Francis XavierNew York Court of Appeals · 1893

3Cited by6 opinions

  1. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  2. Shapiro v. Equitable Life Assurance SocietyNew York Supreme Court · 1943
  3. Martello v. CagliostroNew York Supreme Court · 1924
  4. In re OlsonNew York Supreme Court · 1953
  5. Schieffelin v. McClellanAppellate Division of the Supreme Court of the State of New York · 1909

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