Bockes v. . Hathorn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming the order of the Special Term denying the motion of C. Kilmer and W. B. Deuel, trustees, etc., to vacate an ex parte order allowing certain defendants in the action and others not parties thereto to appeal from the judgment in this action in the name of plaintiff; and also refusing to dismiss the appeal taken by said parties under and by virtue of said ex parte order.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming the order of the Special Term denying the motion of C. Kilmer and W. B. Deuel, trustees, etc., to vacate an ex parte order allowing certain defendants in the action and others not parties thereto to appeal from the judgment in this action in the name of plaintiff; and also refusing to dismiss the appeal taken by said parties under and by virtue of said ex parte order. The facts appear sufficiently in the opinion. No notice of the application for the order having been given it was irregular.…
1Opinion of the CourtFolger, J.
The plaintiff, as the trustee named in a mortgage on real estate given to secure bonds issued with coupons attached, brought a suit to foreclose the mortgage. There are two co-trustees; one refused to begin, the other to continue as plaintiff; and they were made defendants. An issue was tried as to the validity of certain bonds and coupons which were in the hands of corporations or persons, and as to whether they were entitled to share in the trust fund; and it was adjudged by the referee that they were not valid, and the amount of them was disallowed by him, from the sum found due and unpaid…
2Cases cited1 opinion
- Simpson v. GreeleySupreme Court of the United States · 1874
3Cited by8 opinions
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Rottger, Rec. v. First-Merchants Natl. BankIndiana Court of Appeals · 1933
- In re Luscombe's WillWisconsin Supreme Court · 1901
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
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