Kerr v. Blodgett
New York Supreme Court
Appeal from a judgment. This action was brought by Robert H. Kerr and John P. Morgan against William T. Blodgett and Orlando Meads. The plaintiffs were judgment-creditors of one John Meads, Jr., of whom the present defendants were assignees. The relief asked was accounting and the payment of plaintiffs’judgment. A similar action in favor of James B. Wilson was heard at the same time.
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Appeal from a judgment. This action was brought by Robert H. Kerr and John P. Morgan against William T. Blodgett and Orlando Meads. The plaintiffs were judgment-creditors of one John Meads, Jr., of whom the present defendants were assignees. The relief asked was accounting and the payment of plaintiffs’judgment. A similar action in favor of James B. Wilson was heard at the same time. The claims were against a limited partnership, of which John Meads, Jr., was the general partner, and one William Tilden was the special partner. The complaint set forth that the assets had all been distributed…
1Opinion of the CourtSutherland, P. J.
The learned judge who dismissed the *144complaints in these cases at special term, must be deemed, in doing so, to have assumed that the allegations of the complaint, if true, showed that the defendants had been guilty of a breach of trust; that they had knowingly and designedly, under the color or excuse of the judgment in the Reynolds action, suffered a misapplication of the trust-funds, or at least of so much of the trust-funds as the plaintiffs in these actions were entitled to under the trust created by the assignment; for the learned judge dismissed the complaints on the ground that the…
2Cited by3 opinions
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