Woodbridge v. First National Bank
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1899, which unanimously affirmed a judgment of Special Term dismissing the complaint upon the merits; also appeal from so much of said judgment as affirms an order for an extra allowance of costs to the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1899, which unanimously affirmed a judgment of Special Term dismissing the complaint upon the merits; also appeal from so much of said judgment as affirms an order for an extra allowance of costs to the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment at Special Term should have been for a nonsuit and not a dismissal on the merits. (Lugar v. Byrnes, 29 Abb. [N. C.] 282; Terry v. Horne, 59 Hun, 492; Martin v.…
1Opinion of the CourtWerner, J.
This action was brought to compel the defendant to account for all moneys belonging to the estate of Samuel Freeman, deceased, at any time received by the defendant, and for judgment directing the defendant to pay over to the plaintiff all moneys of said estate which may be found due upon such accounting. The facts out of which this action arose are as follows: Said Samuel Freeman died Deceniber 19th, 1870, leaving a will dated' May 17th, 1870, which was probated December 24th, 1870, and in which Augustus Boches was named as executor and trustee. This will, after providing for certain…
2Cases cited5 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Place v. . HaywardNew York Court of Appeals · 1889
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
- Columbia Bank v. Gospel Tabernacle ChurchNew York Court of Appeals · 1891
- Van Derlip v. . KeyserNew York Court of Appeals · 1877
3Cited by4 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Jonathan Ring & Son, Inc. v. Winola Worsted Yarn Co.New York Court of Appeals · 1920
- Keyes v. . SmithNew York Court of Appeals · 1906
- Griffen v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1901