Wemple v. Hauenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Wemple, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 6th day of March, 189T, vacating a preliminary injunction restraining the defendant Andrew Vanderzee, as executor of John Hauenstein, deceased, from paying out certain moneys bequeathed to the defendant John J. Hauenstein by the will of said deceased.
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Appeal by the plaintiff, John Wemple, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 6th day of March, 189T, vacating a preliminary injunction restraining the defendant Andrew Vanderzee, as executor of John Hauenstein, deceased, from paying out certain moneys bequeathed to the defendant John J. Hauenstein by the will of said deceased. The instruments, construction of which is sought in the complaint, are as follows: “ Uote. “ Albany, Oct. 16, 1878. “For value received, I hereby promise to pay to John…
1Opinion of the Court
Merwin, J.:
In March, 1894, John Hauenstein died leaving a will in and by which he devised or bequeathed to his son, the defendant John J. *554Hauenstéin, certain property or moneys, and the defendant Yandex zee, as executor of the will, now has in his hands á fund which, by 'the terms of the- will, is payable to said John J. The plaintiff claims that, by virtue of certain transactions between him and John J., in October, 1878, he has an equitable charge or lien upon the fund for the payment of certain moneys then advanced by him to or for the said John J. This claim of the plaintiff is…
2Cases cited5 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Williams v. . IngersollNew York Court of Appeals · 1882
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Hirsh v. . AuerNew York Court of Appeals · 1895
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- Western States Finance Co. v. RuffOregon Supreme Court · 1923
- Globe Indemnity Co. v. Puget Sound Co.District Court, W.D. New York · 1943
- People v. Raquette Falls Land Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Reynolds v. Browning, Wells & Co.Appellate Division of the Supreme Court of the State of New York · 1928
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