Citizens' Central National Bank v. Toplitz
Appellate Division of the Supreme Court of the State of New York
■ ■ Appeal by the plaintiff,, the'Citizens’ Central National Bank of' New York, from a judgment of the Supreme Court in favor of the defendant, entered' in the office of the clerk of the county of New York on the 14th day of November, 1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s.office on the 10th day of November^ 1905, denying the plaintiff’s motion for. a new…
Read the full summary
■ ■ Appeal by the plaintiff,, the'Citizens’ Central National Bank of' New York, from a judgment of the Supreme Court in favor of the defendant, entered' in the office of the clerk of the county of New York on the 14th day of November, 1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s.office on the 10th day of November^ 1905, denying the plaintiff’s motion for. a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The plaintiff’s complaint was dismissed on the trial on the ground . that it failed to state a cause of action. The; defendant is the administrator with the. will annexed of the last will and testament of Lippmari Toplitz, deceased,
■ Two of the testator’s sons werp Solomon'B. and Samson L., and each was entitled under such will to one-twelfth of the residuary estate, ’ / ■
The complaint alleges thesp facts, and in addition that Solomon and .Samson made their joint and several promissory note for the sum of $10.,G00, payable six months from date, and procured it to 'be discounted…
2Cases cited3 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Hard v. LeurendusNew York Court of Appeals · 1890
- Haddow v. . LundyNew York Court of Appeals · 1874
3Cited by4 opinions
- Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Final Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1907
- Crummey v. MurrayNew York Supreme Court · 1927
- Leask v. McCartyNew York Supreme Court · 1908