Legal Opinion
City Bank Farmers Trust Co. v. Charity Organization Society
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1933PublishedCited by 19 opinions
1Opinion of the CourtO’Malley, J.
Two questions are presented: (1) Does rule 113 of the Rules of Civil Practice apply; and (2) if so, has the defendant Jessie K. Forbes shown facts entitling her to defend?
The action is brought by the trustee under two certain instruments styled the trust indenture and supplemental trust indenture, executed June 3, 1924, and December 21, 1928, respectively, for the judicial settlement of its accounts.
We are of opinion that subdivision 8 of rule 113 of the Rules of Civil Practice applies. The indentures are contracts and they are the bases of the trust relationship of which the accounting is…
2Cases cited2 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Farmers' Loan & Trust Co. v. WinthropNew York Court of Appeals · 1924
3Cited by19 opinions
- Lewis v. HansonSupreme Court of Delaware · 1957
- Central Trust Co. v. WattOhio Supreme Court · 1941
- Denver National Bank v. Von BrechtSupreme Court of Colorado · 1958
- Pinckney v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
- In re the Accounting of Chase National BankAppellate Division of the Supreme Court of the State of New York · 1951
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