Brothers v. Tiffany
Appellate Division of the Supreme Court of the State of New York
Appeal by thd defendants, Louis C. Tiffany and others, as executors and trustees, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of December, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the. plaintiff’s demurrer to the first separate, defense contained in the amended answer of the said defendants.
1Opinion of the Court
Lambert, J.:
The complaint in this action alleges the recovery of a judgment by plaintiff against Burnett,Y. Tiffany for necessaries furnished by it with ’the consent of defendant trustees and the return of execution unsatisfied; the bankruptcy of Burnett Y. Tiffany, and the appointment of the defendant Hosmer as. trustee; the death of Charles L- Tiffany, .the probating of his will and the. appointment and qualification of defendants as trustees thereunder ; .the giving by said will to said trustees of certain property, the income from which was tó be applied in their discretion to the use of…
2Cases cited1 opinion
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Kaplan v. PeyserAppellate Division of the Supreme Court of the State of New York · 1936
- Myers v. RussellNew York Supreme Court · 1908