Earle v. . Earle
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. William C. Earle was a necessary party to the action brought by his sister Cornelia.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. William C. Earle was a necessary party to the action brought by his sister Cornelia. (Perry on Trusts, § 881; Hanne v. Stephens, 1 Vern. 110; Mitchell v. Lennox, 2 Paige, 280; Petrie v. Petrie, 7 Lans. 90; Peyser v. Wendt, 87 N. Y. 326; Sortore v.…
1Opinion of the CourtWerner, J.
This action was brought against trustees under a will for an accounting and to recover a personal judgment against them. The defense relied upon is a former judgment in a similar action against the same defendants for the same relief, which is pleaded as a bar to this action. A brief recital of the history of both cases is necessary to an understanding of the single question involved. Morris Earle, plaintiff’s father, died in 1859, leaving a will by which he appointed his brother, William P. Earle, his widow, and one Dodd, trustees of his estate. He left him surviving seven children,…
2Cases cited7 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Earle v. . EarleNew York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Smith v. MosierU.S. Circuit Court for the District of Northern New York · 1909
- Jefferson v. . BangsNew York Court of Appeals · 1909
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Supreme Court · 1906
- Birch v. . Mutual Reserve Life Insurance CompanyNew York Court of Appeals · 1905
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