Seymour v. Spring Forest Cemetery Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 23, 1892, which affirmed an interlocutory judgment in favor of plaintiff entered upon the report of a referee. This was' an action for an accounting. The facts, so far as material, are stated in the opinion. The plaintiff cannot maintain an action against the cemetery upon these bonds.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 23, 1892, which affirmed an interlocutory judgment in favor of plaintiff entered upon the report of a referee. This was' an action for an accounting. The facts, so far as material, are stated in the opinion. The plaintiff cannot maintain an action against the cemetery upon these bonds. Hotchkiss and Seymour having obtained possession of the bonds while they were acting as trustees of the cemetery, while they stood in a fiduciary relation to it, their possession and…
1Opinion of the CourtFinch, J.
This appeal is from a final judgment rendered upon an accounting which ascertained the amount payable upon bonds held by the plaintiff and issued by the defendant corporation. Eecessarily the main questions involved are as to the legality of that issue and the right of the plaintiff to hold and enforce the obligations upon which she sues; and these questions arise out of a situation about which there is little, if any, dispute.
Eleven citizens of Binghamton became the owners of about thirty acres of land, which they bought for the purposes of a rural cemetery. Hotchkiss and Seymour, lawyers of…
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