Butler v. Baudouine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles A. Baudouine and another;as trustees, etc., of Charles A. Baudouine, deceased, from an .interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rew York on the 17th day of February, 1903, upon the decision of the court, rendered after a trial at the Rew York Special Term overruling the defendants’ demurrer to the plaintiff’s complaint.
1Opinion of the Court
Patterson J.:
In this action a trustee in bankruptcy seeks to reach surplus income to which ■ a bankrupt was entitled under the will of his *216grandfather. The allegations of the- complaint are that the income aggregates $35,000, and that $18,000 is sufficient for the support of the bankrupt and his family. The action is against the.defendants-as trustees, and they demur to the complaint on the ground that the action cannot be maintained, inasmuch as under the 70th-section of the Bankruptcy Law the trustee in bankruptcy' is entitled only to-take property of the bankrupt; that that section does…
2Cases cited4 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- In re LelandU.S. Circuit Court for the District of Southern New York · 1873
- Brown v. BarkerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by9 opinions
- In re MorrisCourt of Appeals for the Second Circuit · 1913
- Jenks v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re TiffanyDistrict Court, S.D. New York · 1906
- In re BuchananCourt of Appeals for the Second Circuit · 1914
- Lorenz v. MorganCourt of Appeals for the Second Circuit · 1940
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