Legal Opinion

Gerard v. Bank of New York & Trust Co.

New York Court of Appeals

Decided November 20, 1934PublishedCited by 9 opinions

1Opinion of the CourtO’Brien, J.

In the year 1874 plaintiff’s parents deposited with defendant’s predecessor The New York Life Insurance and Trust Company the sum of $3,000. The instrument by which this sum was acknowledged to have been received is denominated on its face as “ Trust of Accumulation ” and the conditions therein stated are: “ That the said company shall and will accumulate the said principal sum, by allowing compound interest thereon, at the rate of five (5%) per cent semi-annually; and the whole sum, principal and interest, so accumulated, to be paid to the said Trustees or the survivors of them or their…

2Cases cited5 opinions

  1. Jaffray v. . DavisNew York Court of Appeals · 1891
  2. Zander v. New York Security & Trust Co.New York Court of Appeals · 1904
  3. Nelson v. . Citizens' BankNew York Court of Appeals · 1922
  4. Nelson v. Citizens BankAppellate Division of the Supreme Court of the State of New York · 1920
  5. Gerard v. Bank of New York & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934

3Cited by9 opinions

  1. National Union Fire Insurance v. Proskauer Rose Goetz & MendelsohnNew York Supreme Court · 1994
  2. In re GoodchildNew York Surrogate's Court · 1936
  3. McLean v. GreenMississippi Supreme Court · 1972
  4. Concord Real Estate Cdo 2006-1, Ltd. v. Bank of America N.A.Court of Chancery of Delaware · 2010
  5. Keybro Enterprises v. Four Seasons Country Club Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1966

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