Lilianthal v. Lesser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Benjamin Barker, Jr., as trustee in bankruptcy of the estate of Israel Lesser, and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 14tli day of October, 1904, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
O’Brien, J.:
The learned court at Special Term adjudged that the plaintiffs were entitled to be subrogated to the rights of the Mutual Life Insurance Company in and to a bond and mortgage for $8,000, and this judgment is based upon the finding that, “In paying the said bond and discharging the said premises from the lien of the said mortgage, the plaintiff executors were not volunteers; but they acted in pursuance of their duty as executors and trustees to protect the estate in their charge. None of the defendants were injured by the said payment, but, on the contrary, were benefited thereby,…
2Cases cited3 opinions
- Koehler v. . HughesNew York Court of Appeals · 1896
- Metcalf v. . MosesNew York Court of Appeals · 1900
- Metcalf v. MosesAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Syracuse Lighting Co. v. . Maryland Casualty Co.New York Court of Appeals · 1919