Reade v. Continental Trust Co.
New York Supreme Court
Motion to strike cause from the equity calendar. Facts are fully stated in the opinion.
1Opinion of the CourtGildersleeve, J.
This is a motion to strike-the cause from the Special Term calendar and send it to the Trial Term, on the ground that the complaint demands a sum of money only, and sets forth an action at law and not one in equity. The complaint sets ' forth at length a trust deed, whereby the plaintiff conveyed certain property, both real and personal, to trustees, for his own benefit, but in which his wife, thé defendant Martha A. Eeade, has a contingent interest. The deed, among other things, provides that the trustees, upon the written request of the plaintiff, shall pay the plaintiff out of the…
2Cases cited7 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Husted v. . ThomsonNew York Court of Appeals · 1899
- Van Camp v. . SearleNew York Court of Appeals · 1895
- Pendergast v. . GreenfieldNew York Court of Appeals · 1891
- Husted v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Reade v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Reade v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900