Legal Opinion

Bank of New York v. New Jersey Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 1939PublishedCited by 8 opinions

1Opinion of the CourtTownley, J.

This warrant of attachment was vacated on the ground that plaintiffs have failed to show that a cause of action specified in section 902 of the Civil Practice Act exists against the defendant. The plaintiffs are successor trustees under a deed of trust inter vivos dated June 5, 1925. They have brought this action at law against the defendant, a predecessor trustee of the trust, to recover for the conversion by it of certain securities originally in the trust.

The original trustees were the settlor, William H. Butler, and his wife, and the trust was for their daughter. In the deed of trust the…

2Cases cited5 opinions

  1. Robinson v. . Chemical National BankNew York Court of Appeals · 1881
  2. Avery v. AveryAppellate Division of the Supreme Court of the State of New York · 1907
  3. Dunne v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Pratt v. Commercial Trust Co.New York Supreme Court · 1918
  5. Margulies v. Manufacturers Trust Co.Appellate Terms of the Supreme Court of New York · 1933

3Cited by8 opinions

  1. Starr International Co. v. American International Group, Inc.District Court, S.D. New York · 2009
  2. In re the William M. Kline Revocable TrustNew York Surrogate's Court · 2003
  3. Lynch v. PleschNew York Supreme Court · 1957
  4. Rosner v. PaleyNew York Supreme Court · 1982
  5. Empire State Collateral Co. v. Cassel Custards, Inc.New York Supreme Court · 1961

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