Erbe v. Lincoln Rochester Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWheeler, J.
This is an action in equity by various persons interested in the estate of Gustav Erbe, deceased, against the Lincoln Rochester Trust Company and certain individual defendants. The defendant Trust Company was both a creditor and an executor of the estate, which included a large block of the stock of the Yawman and Erbe Manufacturing Company. In July, 1943 the bank sold that stock to itself at public auction, crediting the price against certain claims which it had against the estate. This action was commenced more than 10 years later. In brief, the action is for an accounting, the imposition…
2Cases cited20 opinions
- Wendt v. FischerNew York Court of Appeals · 1926
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Woolley v. . StewartNew York Court of Appeals · 1918
- Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
- Costello v. . CostelloNew York Court of Appeals · 1913
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3Cited by6 opinions
- Barrett v. United StatesCourt of Appeals for the Second Circuit · 1986
- Ghazoul v. International Management Services, Inc.District Court, S.D. New York · 1975
- Renz v. BeemanCourt of Appeals for the Second Circuit · 1978
- Quadrozzi Concrete Corp. v. MastroianniAppellate Division of the Supreme Court of the State of New York · 1977
- Elizabeth Barrett, Individually and as Administratrix of the Estate of Harold Blauer, Deceased v. United States of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard, Appeal of United States of America, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy and George S. Leonard, Elizabeth Barrett, Individually and as Administratrix of the Estate of Harold Blauer, Deceased, Elizabeth Barrett v. United States of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard, David MarcusCourt of Appeals for the Second Circuit · 1986
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