Pendergast v. . Greenfield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the second Monday of Bovember, 1889, which affirmed a judgment entered upon a decision of the court at Special Term, and affirmed an order which denied a motion of the defendants for a trial by jury, and also affirmed an order which granted a motion of the plaintiff for an extra allowance. This action was brought to enforce a trust.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the second Monday of Bovember, 1889, which affirmed a judgment entered upon a decision of the court at Special Term, and affirmed an order which denied a motion of the defendants for a trial by jury, and also affirmed an order which granted a motion of the plaintiff for an extra allowance. This action was brought to enforce a trust. The complaint alleged the appointment of the plaintiff as receiver of the Produce Bank, the discount by that bank, prior to January 24, 1880,…
1Opinion of the CourtYambt, J.
The assignment from Decker to Greenfield and the declaration of trust by the latter constituted a contract to which the Produce Bank was not a party. Its rights were not direct, but derivative. It was not a creditor of Greenfield, but of Decker, and its rights against the former were derived through the latter by virtue of the trust contract. It could only enforce those rights by enforcing the trust upon which they depended. It could enforce the trust only by an action to compel the trustee to account and to apply the moneys received by him to the purposes specified in the declaration of…
2Cases cited1 opinion
- Volkening v. . DegraafNew York Court of Appeals · 1880
3Cited by5 opinions
- Kimball v. ThompsonDistrict Court, D. Nebraska · 1947
- Reade v. Continental Trust Co.New York Supreme Court · 1899
- Beecher v. YaleNew York Supreme Court · 1893
- Moore v. MooreNew York Supreme Court · 1900
- Sprague v. CochranNew York Supreme Court · 1895