Bateman v. Hunt
New York Supreme Court
Actioit by plaintiffs as executors and trustees under the will of Thomas Connock Elliott, deceased, to enforce payment, out of trust funds located in this State, under a trust created by defendant Anna Benkard Hunt, by deed executed in 1872, of moneys advanced at London, England, to the defendants by said Thomas Connock Elliott, deceased, on the security of mortgages executed by said Anna Benkard Hunt of the interest reserved by her in said mortgage and joined in by two of…
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Actioit by plaintiffs as executors and trustees under the will of Thomas Connock Elliott, deceased, to enforce payment, out of trust funds located in this State, under a trust created by defendant Anna Benkard Hunt, by deed executed in 1872, of moneys advanced at London, England, to the defendants by said Thomas Connock Elliott, deceased, on the security of mortgages executed by said Anna Benkard Hunt of the interest reserved by her in said mortgage and joined in by two of her children. Demurrer to complaint.
1Opinion of the CourtGildersleeve, J.
After a careful study of the very able and comprehensive briefs presented on this demurrer and an examination of the numerous authorities cited on each -side I conclude to overrule the demurrer. There is undoubtedly *348very much force in the arguments urged in support of the demurrer by the learned counsel for the defendants, but it' seems to me, after giving that liberal construction to the complaint which we must give on demurrer and after drawing the fair and reasonable inferences that should be drawn from its allegations, that it sets forth sufficient facts to constitute a cause of action.…
2Cases cited12 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Estes v. . WilcoxNew York Court of Appeals · 1876
- Young v. . HeermansNew York Court of Appeals · 1876
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Tarbell v. GriggsNew York Court of Chancery · 1831
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Miller, Trustee v. Maryland Casualty Co.Supreme Court of Arkansas · 1944