Edwards v. MacArtney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William N. MacArtney and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 13th day of December, 1919, upon the decision of the court rendered after a trial before the court without a jury at the Franklin Trial Term.
1Opinion of the Court
Woodward, J.:
Whether the plaintiff has legal capacity to sue in behalf of the beneficiaries of the alleged trust; whether the plaintiff is the real party in interest, and various other questions which might be suggested, are not before the court on this appeal, as the record discloses no such issues of law or of fact. The complaint proceeds upon the theory that the plaintiff, as trustee in bankruptcy of the Fort Covington Creamery Company, Inc., is entitled to recover the sum of $3,000, with interest, which sum the defendants charged to the account of the creamery company, in payment of a…
2Cases cited1 opinion
- Steinback v. DiepenbrockAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Utica Sheet Metal Corp. v. J. E. Schecter Corp.Appellate Division of the Supreme Court of the State of New York · 1966