Doane v. . Mercantile Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1899, affirming a judgment of the Special Term sustaining the demurrer of the defendant the Mercantile •Trust Company to the supplemental complaint. The appeal also brings up for review the order of .Special Term, affirmed by the Appellate Division, sustaining the demurrer.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1899, affirming a judgment of the Special Term sustaining the demurrer of the defendant the Mercantile •Trust Company to the supplemental complaint. The appeal also brings up for review the order of .Special Term, affirmed by the Appellate Division, sustaining the demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. The action is properly brought as an action to partition personal property. (Tinney v. Stebbins, 28 Barb. 290;…
1Opinion of the CourtBartlett, J.
This action was brought to partition real property in the borough of Brooklyn, New York city, known as No. 155 Columbia Heights.
The demurrer alleges that the supplemental complaint does not state facts sufficient to constitute a cause of action.
The demurrer was sustained by the Special Term and Appellate Division and we think properly. One George P. Gordon died January 7th, 1878, seized of the property sought to be partitioned, leaving a will whereby, after a number of specific legacies and provisions not necessary to examine at this time, he bequeathed the residue of his estate to his…
2Cases cited10 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Everitt v. . EverittNew York Court of Appeals · 1864
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Power v. . CassidyNew York Court of Appeals · 1880
- Hatch v. . BassettNew York Court of Appeals · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Doctor v. . HughesNew York Court of Appeals · 1919
- Bishop v. BishopNew York Court of Appeals · 1931
- Ward v. BrownWest Virginia Supreme Court · 1903
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
37 more not listed; retrieve them via the Exa API.