Isham v. Post
New York Supreme Court
Appeal by tlie defendant in the first above-entitled action, and plaintiff in the second, Mary E. Post, as administratrix of Augustus T. Post, deceased, from the judgments of tlie Supreme Court, entered in tlie respective actions in tlie office of tlie clerk of Kings county on tlie 4th day of November, 1892, upon a decision of the court rendered afffir a trial by the court, at the Kings County Special Term.
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Appeal by tlie defendant in the first above-entitled action, and plaintiff in the second, Mary E. Post, as administratrix of Augustus T. Post, deceased, from the judgments of tlie Supreme Court, entered in tlie respective actions in tlie office of tlie clerk of Kings county on tlie 4th day of November, 1892, upon a decision of the court rendered afffir a trial by the court, at the Kings County Special Term. The actions involved the same subject-matter, the liability of Augustus T. Post for funds belonging to the Trumbull estate, of which Henry II. Isham is trustee, loaned by Post upon…
1Opinion of the Court
Pratt, J.:
The opinion at Special Term sufficiently discusses the law and facts.
The judgment must be affirmed, with costs.
*186Barnard, P. J., and Dykman, J., concurred.
Judgment in each of these appeals affirmed, with costs.
The opinion delivered at Special Term was as follows:
Cullen, J.:
Even though the plaintiff were a party to the wrong, if the defendant’s intestate was guilty of a spoliation of the trust estate, the plaintiff in his representative character can maintain this action. But I do not think that the loan Mr. Post assumed to make was per sa a misuse of trust funds, for which he would be…
2Cases cited4 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Baker v. . BlissNew York Court of Appeals · 1868
- Jaudon v. National City BankU.S. Circuit Court for the District of Southern New York · 1871
- Peckham v. KetchumThe Superior Court of New York City · 1860