Hooley v. Gieve
New York Court of Common Pleas
Appeal from a judgment of this court at special term, confirming the report of a referee upon an accounting by trustees, and from an interlocutory judgment removing the trustees and directing the accounting. The action was brought against the defendants, individually and as trustees under a will, to remove them and compel them to account as trustees, and to have the amount found due upon such accounting declared to be a lien upon certain property.
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Appeal from a judgment of this court at special term, confirming the report of a referee upon an accounting by trustees, and from an interlocutory judgment removing the trustees and directing the accounting. The action was brought against the defendants, individually and as trustees under a will, to remove them and compel them to account as trustees, and to have the amount found due upon such accounting declared to be a lien upon certain property. The plaintiffs were the widow and infant children of Abraham Hooley, Jr., late of Jersey City. Abraham Hooley, Jr., before and at the time of his…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]—In the foregoing statement of the case I have not attempted, to state all the facts of the case, but only such as serve to present the single question which I propose to very briefly consider, which is this: has the estate of Hooley a lien upon all the assets of the firm of Grieve & Co., to the extent of the value of the property belonging to the estate which was misappropriated and put into that firm by Grieve and Cutts, to the exclusion of the creditors of said last named firm ?
It is very evident that it is no answer to the assertion of such a lien that…
2Cases cited8 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Hart v. EyckNew York Court of Chancery · 1816
- Day v. . RothNew York Court of Appeals · 1858
- Wood v. WoodNew York Court of Chancery · 1836
- Craig v. CraigNew York Court of Chancery · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Estate of RubinNew York Surrogate's Court · 1938
- Farr v. MorrillNew York Supreme Court · 1889
- In re the Estate of SauerNew York Surrogate's Court · 1915
- In re the Compulsory Accounting of IrvinAppellate Division of the Supreme Court of the State of New York · 1903
- Kastner v. KastnerAppellate Division of the Supreme Court of the State of New York · 1900
9 more not listed; retrieve them via the Exa API.