Muller v. . City of Philadelphia
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1913, affirming a judgment entered upon a decision of the court on trial at Special Term, which dismissed certain claims against the estate of Thomas W. Evans, deceased, and directed distribution of said estate. This is an equitable action for distribution of an estate.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1913, affirming a judgment entered upon a decision of the court on trial at Special Term, which dismissed certain claims against the estate of Thomas W. Evans, deceased, and directed distribution of said estate. This is an equitable action for distribution of an estate. An interest in the funds is claimed by reason of certain assignments made by two of the beneficiaries under the will, which assignments are alleged by the representatives of said assignors to be void for…
1Opinion of the Court
Cullen, Ch. J.
Of the nature of this action it is sufficient to say that it was brought by the executors of Thomas W. Evans against the beneficiaries under his will, his heirs at law and next of kin substantially for a distribution of his estate. The respondents represent the estates of two of such heirs at law and next of kin. The appellants claimed interest in the funds payable to the respondents by virtue of certain assignments made by the respondents’ testators. The respondents alleged that such assignments were void because given as security for usurious loans, and so they were held to be…
2Cases cited3 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Ramsdell v. MorganNew York Supreme Court · 1837
- Schroeppel v. . CorningNew York Court of Appeals · 1851
3Cited by3 opinions
- In Re PrinceCourt of Appeals for the Second Circuit · 1937
- Connecticut General Life Ins. v. BenedictCourt of Appeals for the Second Circuit · 1937
- New York Credit Men's Ass'n v. SchnurCourt of Appeals for the Second Circuit · 1937